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THE 


CONSOLIDATION  ACT 


OTHER   ACTS 


Eelating  to  tlie  (jOYernnieiit 


City  and  County  of  San  Francisco. 


Compiled  ry  A.  E.  T.  WORLEY, 

Of  the  San  Francisco  Bar. 


San  Francisco: 
Printed  ky  WM.   M.  HINTON  &  CO.,  536  Clay  St. 

issr. 


#SPi« 


8:; 


PKEFATORY    NOTE. 


This  compilation  includes  all  amendments  made  to  the  Acts  contained  in  it,  including  the 
session  of  the  Legislature  o£  1877-8. 

There  are  also  added  the  laws  passed  by  subseiiuent  Legislatures  up  to  and  includiag  1885,  which 
have  special  reference  to  San  Francisco. 

The  figures  nest  beneath  the  number  of  each  Sfi^lement  refer  to  the  year  and  page  of  the 
session  laws  containing  the  Act  which  follows;  and  the  figures  following  the  year,  in  the  date  of  the 
passage  of  any  Act,  or  amendment  to  an  Act,  throughout  this  compilation,  refer  to  the  page  of  the 
volume  of  laws  of  the  year  specified,  and  such  reference  indicates  the  first  page  of  the  Act. 


THE    ORIGINAL 

CONSOLIDATION    ACT. 

LAWS  OF  1856,  PAGE  145. 


AN     ACT 

TO  REPEAL  THE  SEVERAL  CHARTERS  OF  THE  CITY  OF  SAN 
FRANCISCO,  TO  ESTABLISH  THE  BOUNDARIES  OF  THE  CITY 
AND  COUNTY  OF  SAN  FRANCISCO,  AND  TO  CONSOLIDATE 
THE  GOVERNMENT  THEREOF. 

[Approved  April  19,  1856.] 


The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

eyiad  as  follows: 

ARTICLE  I. 

Section  1.  The  corporation,  or  body  politic  and  corporate,  now  exi'^ting 
and  known  as  the  City  of  San  Francisco,  shall  remain  and  continue  to  be  a 
body  politic  and  corporate,  in  name  and  in  fact,  by  the  name  of  the  City  and 
County  of  San  Francisco,  and  by  that  name  shall  have  perpetual  succession,, 
may  sue  and  defend  in  all  courts  and  places,  and  in  all  matters  and  proceed- 
ings whatever,  and  may  have  and  may  use  a  common  seal,  and  the  same  may 
alter  at  pleasure,  and  may  purchase,  receive,  hold  and  enjoy  real  and  personal 
property,  and  sell,  convey,  mortgage  and  dispose  of  the  same  for  the  common 
benefit.  The  boundaries  of  the  City  and  County  of  San  Francisco  shall  be 
as  follows:  [Here  follows  the  boundary  lines  as  then  described,  but  which 
have  since  been  changed.  ] 


•1  THE  CONSOLIDATION  ACT. 

The  present  boundaries  are  thus  defined  in  Section  3950  of  the  Political 
Code: 

Beginning  at  the  southwest  corner,  being  northwest  corner  of  San  Mateo, 
in  Pacific  Ocean,  on  the  extension  of  northern  line  of  Township  Three  South, 
of  Mount  Diablo  base;  thence  northerly  along  the  Pacific  Coast,  to  its  point 
of  intersection  with  westerly  extension  of  low  water  line  on  northern  side  of 
the  entrance  to  San  Francisco  Bay,  being  southwest  corner  of  Marin  and 
northwest  corner  of  San  Francisco;  thence  easterly,  through  Point  Bonita 
and  Point  Caballo,  to  the  most  southeastern  point  of  Angel  Island,  all  on  the 
line  of  Marin,  as  established  in  Section  3957;  thence  northerly,  along  the 
easterly  line  of  Marin,  to  the  northwest  point  of  Golden  Eock  (also  known  as 
Eed  Eock),  being  a  common  corner  of  Marin,  Contra  Costa  and  San  Fran- 
cisco; thence  due  southeast  four  and  one-half  miles,  more  or  less,  to  a  point 
distant  three  statiite  miles  from  the  natural  high-water  mark  on  the  eastern 
shore  of  San  Francisco  Bay,  being  a  common  corner  of  Contra  Costa,  Alame- 
da and  San  Francisco;  thence  southeasterly,  in  a  direct  line,  to  a  point  three 
miles  from  said  eastern  shore,  and  on  the  line  first  named  (considered  as  ex- 
tending across  said  bay) ;  and  thence  west  along  said  first  named  line  to  the 
place  of  beginning.  The  islands  known  as  the  Faralloues  shall  be  attached 
to  and  be  a  part  of  said  city  and  county.^ 

Provided,  however,  that  all  rights  and  liabilities  of  the  corporation  hereto- 
fore and  now  known  as  the  City  of  San  Francisco  shall  survive  to,  and  con- 
tinue against,  the  corporations  continued  by  this  act.  [By  an  amendment 
passed  April  18,  1857,  page  209,  the  following  was  added  to  the  section:] 
The  district  or  districts  of  said  city  and  county,  bordering  upon  the  southern 
line  thereof,  as  heretofore  established,  shall  be  extended  to  the  southern  line 
of  said  city  and  county  as  established  in  this  Act. 

Sec.  2.  The  public  buildings,  lauds,  and  property,  all  rights  of  property 
and  rights  of  action,  and  all  moneys,  revenues  and  income,  belonging  or  ap- 
pertaining either  to  the  corporation  of  the  City  of  San  Francisco  or  to  the 
County  of  San  Francisco,  are  hereby  declared  to  be  vested  in,  and  to  apper- 
tain to,  the  said  City  and  County  of  San  Francisco;  and  the  moneys  in  the 
treasury  of  said  city,  and  in  the  treasury  of  said  County  of  San  Francisco,  and 
all  the  revenues  and  income  from  whatsoever  source  arising,  including  delin- 
quent taxes  upon  persons  and  property  appertaining  to  the  said  City  or  to  the 
said  County,  shall  be  handed  over,  paid  and  received  into  the  treasury  of  the 
City  and  County  of  San  Francisco  as  a  part  of  the  General  Fund;  or  where 


'  By  Section  3953  of  the  Political  Code,  as  amended  March  30,  1874,  the  western  boundary  of  Ala- 
meda county  is  now  made  to  pass  five  himdred  feet  westerly  from  the  western  extremity  of  the 
Central  Pacific  Railroad  Comi)any"s  wharf  as  it  now  is;  provided  that  no  part  of  Yerba  Buena 
island  shall  be  placed  outside  of  the  City  and  County  of  San  Francisco,  and  the  westerly  boundary 
of  the  county  line  of  Alameda  shall  not  come  within  two  thousand  live  hundred  feet  of  any  par^  of 
said  island. 


THE  CONSOLIDATION  ACT.  5 

the  said  moneys,  revenues  and  income,  or  anj'  part  thereof,  have  been  here- 
tofore and  still  remain  set  apart  and  dedicated  by  lawful  authority  to  the  use 
of  a  Special  Fund,  the  necessity  and  objects  of  which  still  continue,  the  snme 
shall  continue  to  be  received,  held,  and  disbnrsed  for  the  same  use,  unless  it 
is  otherwise  provided  in  this  or  some  other  Act. 

Sec.  3.  The  records,  books,  and  papers,  in  the  custody  of  the  said  City 
Treasurer,  shall  be  handed  over  to  and  received  into  the  custody  of  the  Treas- 
urer of  the  said  City  and  County,  and  all  other  books,  records  and  papers  of 
the  said  corporation  shall  be  delivered  and  received  into  the  custody  of  the 
Clerk  of  the  Board  of  Supervisors  of  said  City  and  County,  &ud  shall  not  be 
withheld  under  any  claim  of  a  lien  thereon  for  arrears  of  salary,  fees,  services 
or  advances,  nor  under  any  other  pretense  whatsoever.  Suits  and  actions 
may  be  brought  and  maintained  in  the  name  of  the  City  and  County  of  San 
Francisco  for  the  recovery  of  any  property,  money  or  thing  belonging  thereto, 
or  the  enforcement  of  any  rights  of,  or  contracts  with,  said  City  and  County. 
And  from  any  judgment  rendered  against  the  said  City  and  County  in  any 
court,  an  appeal  may  be  taken  by  the  said  City  and  County,  where  such  ap- 
peal is  allowed  by  law,  without  the  giving  of  any  appeal  bond  or  undertaking, 
on  complying  with  the  other  requisites  prescribed  by  law. 
I 

Sec.  4.     All  the  existing  provisions  of  law  deiining  the  powers  and  duties 

of  county  officers,  excepting  those  relating  to  Supervisors  and  Boards  of  Su- 
pervisors, so  far  as  the  same  are  not  repealed  nor  altered  by  the  provisions  of 
this  Act,  shall  be  considered  as  applicable  to  officers  of  the  said  City  and 
County  of  San  Francisco,  acting  or  elected  under  this  Act.  Provision  shall 
be  made  from  the  revenues  of  the  said  City  and  County  for  the  payment  of 
the  legal  indebtedness  of  the  former  city  corporation  and  of  the  County  of  San 
Francisco.  The  taxes  which  maybe  levied  and  collected  under  the  provisions 
of  this  Act,  shall  be  uniform  throughout  the  said  City  and  County  of  San 
Francisco;  but  in  case  it  should  hereafter  be  found  necessary,  for  the  pui-- 
pose  of  providing  for  the  said  city  indebtedness,  to  increase  taxation  beyond 
the  rate  of  the  County  tax  levied  upon  property  in  said  County  of  San  Fran- 
cisco during  the  year  one  thousand  eight  hundred  and  fifty-five,  such  in- 
creased taxation,  over  and  above  the  rate  aforesaid,  shall  be  levied  and 
assessed  exclusively  upon  the  real  and  personal  property  situated  within  the 
limits  defined  in  the  second  section  of  the  Act  entitled  "An  Act  to  re-incor- 
porate the  City  of  San  Francipco,"  passed  May  fifth,  one  thousand  eight 
hundred  and  fifty-five,'-  and  not  upon  such  property  situated  without  those 
limits. 


'  Laws  1855,  p.  251.  Section  2  of  this  Act  thus  defined  the  boundary  line  of  the  city:  "  On  the 
south  by  a  line  drawn  parallel  with  Clay  street,  two  and  a  half  miles  distant  from  the  center  of 
Portsmouth  Siiuare;  on  the  west  1)y  a  line  drawn  parallel  with  Keaniy  street,  two  miles  distant 
from  the  center  of  Portsmouth  Square;  its  boundaries  on  the  north  and  east  shall  he  the  same  with 
those  of  the  county  of  San  Francisco." 


6  THE  CONSOLIDATION  ACT. 

Skc.  5.  Immediately  after  the  passage  o£  this  Act,  the  preseul  City  Attor- 
ney, Surveyor-General  and  C.  K.  Garrison  shall  proceed  to  lay  off  the  said 
City  and  County  into  twelve  convenient  districts,  equal  in  popHlation  as  near 
as  conveniently  may  be,  giving  a  distinct  name  to  each  district,  the  bounda- 
ries of  which  they  shall  accurately  define  by  reference  to  public  streets,  roads 
or  other  permanent  monuments,  and  shall  cause  a  map  to  be  made  represent- 
ing the  said  districts,  with  their  names  and  boundaries  so  fixed.  The  act  of 
said  oflicers  establishing  said  districts,  signed  by  them,  or  a  majority  of  them, 
shall  be  recorded  in  the  office  of  the  County  Recorder  of  said  City  and  County, 
and  the  original  be  deposited  in  the  office  of  the  County  Clerk,  and  the  map 
shall  be  deposited  with  the  said  County  Surveyor.  Each  of  said  districts 
shall  constitute  an  election  precinct.* 

Sec.  6.  ^Amended  by  Act  of  April  18,  1857,  209,  which  was  superseded  by 
Acts  of  April  29,  1857,  345;*  April  22,  1861,  214;  May  3.  1«61,  291;  May  2, 
1862,  475;  ichich  latter  three  were  superseded  or  repealed  by  Act  of  April  2,  1866; 
1865-6,  718;  post,  Supplement  XXIX.  Provisions  of  Act  of  April  18,  1857,  as 
to  election  of  Inspector  and  Judges  of  Elections,  superseded  by  sees.  1142  to  1150, 
inclusive,  Political  Code,  and  Act  of  March  18,  1878,  Supplement,  also  sec.  4109 
of  Political  Code;  and  as  to  election  of  Justices  of  the  Peace,  by  Act  of  March  26, 
1866;  1865-6,  423;  Supplement  XXVII;  and  by  sec.  6  of  Act  of  April  2,  1866, 
nb.  sup.  Office  of  Constable  abolished  by  Act  of  Feb.  10,  1870;  sec.  12,  1869-70, 
56.     See  sec.  12  of  portion  of  Act  at  end  of  Supplement  XXIX. 

Sec.  7.  By  the  term  "  qualification  of  officers,"  as  used  in  this  Acl,  is  to 
be  understood  their  having  taken  the  oath  of  office,  given  the  official  bond, 
■where  it  is  required  by  law,  and  complied  with  all  the  requisites  prescribed 
by  the  statutes  of  this  State,  to  entitle  and  qualify  them  to  exercise  the  func- 
tions of  their  offices. 

Sec.  8.  The  Sheriff,  County  Clerk,  County  Eecorder,  Treasurer,  District 
Attorney,  Auditor,  Tax  Collector,  Superintendent  of  Public  Streets  and  High- 
ways, Surveyor,  Harbor  Master,-'  and  Clerk  of  the  Board  of  Supervisors  of 


'  Districts  changed  to  wards  by  Act  of  April  2,  1865;  1865  6.  718,  Section  1;  post,  Supplement 
XXIX.  See  also  Chap.  CCLII,  Laws  1877-8,  p.  299,  by  which  the  Board  of  Election  Commis- 
sioners is  established,  with  power  to  divide  the  city  into  election  precincts;  also  Political  Code, 
Sections  1127  to  1132,  inclusive. 

'  The  portion  of  this  Act  relating  to  supplying  a  vacancy  in  the  office  of  School  Director,  re- 
enacted  by  Section  13  of  Act  of  April  27,  1863,  601,  Supplement  XIII;  and  that  as  to  vacancy  in  the 
office  of  Supervisor  is  as  follows:  "And  all  vacancies  in  the  office  of  Supervisor,  *  *  *  where  the 
term  of  the  office  wUl  not  expire  at  the  next  ensuing  general  election,  shall  be  then  filled  by  an 
election,  in  the  proper  district,  for  the  unexpired  term;  and  for  the  interval  between  the  happening 
of  any  such  vacancy  and  the  general  election  next  ensuiup,  any  vacancy  in  the  office  of  Supervisor 
shall  be  filled  by  appointment  by  the  President  of  the  Board  of  Supervisors,  by  an  J  with  the  advice 
and  consent  of  a  majority  of  the  Supervisors  then  in  office.  *  *  *  But  no  such  appointment  shall 
be  valid,  unles.s  the  appointee  lie  at  the  time  of  his  appointment  an  elector  of  the  district  wherein 
the  vacancy  occurred." 

»  Office  of  Harbor  Master  extinct  by  Act  of  .March  30,  1374;  1873-4,  910. 


THE  C0NS0LIDA.T10N  ACT.  7 

said  City  and  County,  shall  keep  public  offices,  which  shall  be  kept  open  for 
the  transaction  of  business  every  day  in  the  year,  except  Sundays,  Christinas, 
New  Year's,  Fourth  of  Julj',  Thanksgiving,  the  twenty-second  of  February, 
and  on  any  days  during  which  a  general  election  shall  be  held,  between  the 
hours  of  nine  o'clock  A,  M.  and  four  o'clock  P.  M.  \_Amended,  May  14, 
1861,  375.] 

Sec.  9.  Whenever  vacancies  occur  in  any  elective  office  of  the  said  City 
and  County,  and  provision  is  not  otherwise  made  in  this  or  some  other  Act 
for  filling  the  same  until  the  next  election,  the  Board  of  Supervisors  shall 
appoint  a  person  to  discharge  the  duties  of  such  office  until  the  next  election, 
when  the  vacancy  shall  be  filled  by  election  for  the  term,  excepting  vacancies 
in  the  office  of  Dock  Masters,  which  vacancies  shall  be  filled  by  appointments 
by  the  Governor.'  All  persons  so  appointed  shall,  before  entering  upon 
their  duties,  take  the  oath  of  office  and  give  bond  as  required  by  law.  But 
in  an  action  or  proceeding  where  the  Sheriflf  of  said  City  and  County  is  a 
party,  or  is  interested,  or  otherwise  incapacitated  to  execute  the  orders  or 
process  therein,  the  same  shall  be  executed  by  a  suitable  person,  residing  in 
said  City  and  County,  to  be  appointed  by  the  Court,  and  denominated  an 
"  Elisor,"  who  shall  give  such  security  as  the  Court  in  its  discretion  may 
require,  and  shall  execute  the  process  and  orders  in  the  same  manner  as  the 
Sheriff  is  required  to  execute  similar  process  and  orders  in  other  cases.* 

Sec.  10.  \^Belating  to  compensation  of  certain  officers.  Amended  March  28, 
1859,  141.  Superseded  by  Sec.  6  of  Act  of  March  26,  1866;  1865-6,  423;  Sup- 
plement XXVI,  and  by  provisions  of  Act  of  May  17,  1861,  554;  Sup- 
plement VII;  and  of  Act  of  January  25,  1870;  1869-70,  23;  Supplement  XLl.^ 

Sec.  11.  \_  Repealed,  loith  the  exception  of  the  following  provisions,  by  Act  of 
May  17,1861,  55i ■,Su2)plement  VII.-\         *         *  «  *         «         *         * 

He  Ithe  Clerk  of  the  Board  of  Supervisors ]  shall  also  be  entitled  to  receive 
from  the  parties  at  whose  instance  the  service  may  be  performed  (the  City 
and  County  excepted),  twenty-five  cents  for  administering  an  oath,  twenty- 
five  cents  per  folio  of  one  hundred  words  for  writing  out  affidavits,  and  six- 
teen cents  per  folio  for  certified  copies  of  any  records,  papers  or  documents 
in  his  custody.^     [As  amended  by  Sec.  4  of  Act  April  18,  1857;  1857,  212.] 

The  District  Attorney  *  *  not  being  relieved  from  the  obligation 
to  attend  personally  in  said  Court  [Police  Court'],  whenever  business  of  im- 
portance shall  require  his  assistance.  *  «  *  j^q  compensation 
shall  be  allowed  to  Supervisors  lallowed $100  2>er  month,  Act  March  30,  1868; 
1867-8,  702;  Supplement  XL]  or  School  Directors,  and  no  fees  or  compensa- 


'  Dock  Master's  office  abolished  after  January  1,  1858,  by  Act  March  26,  1857,  100.  Section  16. 
^  Coroner  to  act  as  Elisor  m  such  case.    Act  of  March  16,  1872;  1871-2,  403. 
Payable  iuto  Special  Fee  Fund.    Supplement  VII,  Section  2. 


8  THE  CONSOLIDATION  ACT. 

tion  to  be  paid  out  of  the  City  and  County  Treasury,  other  than  those  ex- 
pressly allowed  in  this  Act,  shall  be  allowed  or  received  by  any  officer  of 
said  City  and  County,  or  of  any  district;  nor  shall  any  allowance  or  provision 
be  made  for  them,  or  any  of  them,  at  the  public  expense,  beyond  the  fixed 
compensation  aforesaid,  under  the  name  of  office  rent*,  fuel,  lights,  station- 
ery, contingencies,  or  otherwise,  except  that  the  necessary  and  proper  books, 
stationery  and  official  blanks  may,  at  the  discretion  of  the  Board  of  Super- 
visors, be  purchased  and  supplied  for  the  Police  Court,  Court  of  Sessions,'* 
Grand  Juries  and  officers  [offices]  of  the  County  Clerk,  County  Recorder, 
Auditor,  Treasurer,  Assessor,  Superintendent  of  Streets  and  Highways  and 
the  Board  of  Supervisors,  the  expense  whereof,  when  the  amount  in  each 
particular  case  shall  have  been  previously  authorized  and  fixed  by  the  Board 
of  Supervisors,  may  be  paid  out  of  the  General  Fund,  upon  demands  upon 
the  treasury,  duly  audited  as  provided  in  this  Act;  provided,  that  the  total 
amount  of  expenditures  for  all  of  the  aforesaid  books,  stationery  and  official 
blanks  shall  not  exceed  the  sum  of  twenty-five  hundred  dollars  in  any  one 
year.     {_  Amended  April  18,  1857,  209.] 

Sec.  12.  Neither  the  Board  of  Supervisors,  the  Board  of  Education,  nor 
any  officer  of  the  said  City  and  County,  or  of  any  district,  shall  have  any 
power  to  contract  any  debt  or  liability,  in  any  form  whatsoever,  against  the 
said  City  and  County;  nor  shall  the  people  or  taxpayers,  or  any  property 
therein,  ever  be  liable  to  be  assessed  for,  or  on  account  of,  any  debt  or  liabil- 
ity hereafter  contracted,  or  supposed  or  attempted  to  be  contracted,  in  con- 
travention of  this  section. 

Sec.  13.  ^Provision  as  to  first  election,  obsolete;  as  to  commencement  of  term 
of  office,  changed  by  Act  of  March  7,  1881,  amending  Sect.  41C9  of  Political 
Code.] 

Sec.  14.  All  officers  of  the  said  City  and  County  must,  before  they  can 
enter  upon  their  official  duties,  give  bond  as  required  by  law.  The  bonds 
and  sureties  of  such  officers  must  be  approved  by  the  County  Judge,  t 
Auditor  and  President  of  the  Board  of  Supervisors.  Whei-e  the  amoiint  of 
such  official  bond  is  not  fixed  by  law,  it  shall  be  fixed  by  the  Board  of  Su- 
pervisors.   No  banker  residing  or  doing  business  in  said  City  and  County, 


'By  the  Act  of  January  30,  1S64;  1863-4,  42;  it  is  provided: 

.Section  3.  From  and  after  the  Ist  day  of  June,  1864,  and  after  the  purchase  aforesaid,  it  shall 
not  be  lawful  to  pay  out  of  the  treasury  of  the  City  and  County  of  San  Francisco,  or  out  of  any 
public  funds  thereof,  any  money  for  rent  of  rooms  or  otBces  for  Judges'  chambers,  the  City  and 
County  Attorney,  the  Board  of  Education,  the  Board  of  Delegates  of  the  Fire  Department,  or  for 
any  other  officer  or  officers  of  the  said  City  and  County;  provided,  that  this  section  shall  not  impair 
any  contract  now  existing. 

[Sections  1  and  2  provide  for  purchasing  and  repairing  a  building  adjoining  the  City  Hall.    Obsolete.] 

'"  Court  of  Sessions  abolished  by  amendments  to  Constitution  of  1862. 

tNow  Judge  of  the  Superior  Court  by  Act  of  April  3,  1880;  1880,  115. 


THE  CONSOLIDATION  ACT.  9 

4 

nor  any  such  banker's  partner,  clerk,  employee,  agent,  attorney,  father,  son 
or  brother,  shall  be  received  as  surety  for  the  Treasurer,  President  of  the 
Board  of  Supervisors,  Sheriff,  Auditor,  nor  any  officer  having  the  collection, 
custody  or  disbursement  of  money.  No  person  can  be  admitted  as  surety  on 
any  such  bond,  unless  he  be  worth,  in  fixed  property,  including  mortgages, 
situated  in  said  City  and  County,  the  amount  of  his  undertaking,  over  and 
above  all  sums  for  which  he  is  already  liable  or  in  any  manner  bound, 
whether  as  principal,  indorser,  or  security,  and  whether  such  prior  obliga- 
tion or  liability  be  conditional  or  absolute,  liquidated  or  unliquidated,  cer- 
tain or  contingent,  due  or  to  become  due.  All  persons  offered  as  sureties  on 
official  bonds  may  be  examined  on  oath  touching  their  qualifications.  The 
official  bond  of  the  Auditor  shall  be  filed  and  kept  in  the  office  of  the  Clerk 
of  said  City  and  County.  All  other  official  bonds  shall  be  filed  and  kept  in 
the  office  of  the  Auditor.  [  *  *  As  to  officers  continued  in  office, 
obsolete.}     lAmeaded  March  28,  1859,  141.] 


ARTICLE  II. 

PUBLIC    OEDEK    AND    POLICE. 

Sec.  15.  The  Department  of  Police  of  said  City  and  County  shall  be 
under  the  direction  of  the  Chief  of  Police,  in  subjection  to  the  laws  of  this 
State,  and  the  rules  and  regulations,  not  in  conflict  therewith,  which  may  be 
established  by  competent  authority,  under  the  powers  granted  in  this  Act. 
In  the  suppression  of  any  riot,  public  tumult,  disturbances  of  the  public 
peace,  or  organized  resistance  against  the  laws,  or  public  authorities  in  the 
lawful  exercise  of  their  functions,  he  shall  have  all  the  powers  that  now  are, 
or  hereafter  may  be,  conferred  upon  Sherifi's  by  the  laws  of  this  State,  and 
his  lawful  orders  shall  be  iDromptly  executed  by  all  Police  Officers,  Watchmen 
and  Constables  in  the  said  City  and  County;  and  every  citizen  shall  also  lend 
him  aid,  when  requiz-ed,  for  the  arrest  of  offenders  and  maintenance  of  pub- 
lic order. 

Sec.  16.  The  Chief  of  Police  shall  keep  a  public  office,  which  shall  be 
open,  and  at  which  he,  or  in  case  of  his  necessary  absence,  a  Captain  of  Po- 
lice, or  Police  Officer,  by  him  designated  for  that  purpose,  shall  be  in  attend- 
ance, at  all  hours,  day  and  night.  In  case  of  his  necessary  absence  from  his 
office,  it  shall  be  made  known  to  the  Police  Officer  in  attendance  where  he 
can  be  found,  if  needed,  and  he  shall  not  absent  himself  from  the  City  and 
County  without  urgent  necessity,  and  leave  obtained,  in  writing,  from  the 
President  of  the  Board  of  Supervisors,  Police  Judge  and  County  Judge,  or 
two  of  them,  who  shall,  at  the  time  of  granting  the  same,  appoint  a  person 
to  act  during  his  absence,  with   all  his  powers,  duties  and  obligations.     If 


10  THE  CONSOLIDATION  ACT. 

such  absence  from  the  City  and  County  be  on  any  other  than  business  imme- 
diately connected  with  his  office,  he  shall  lose  his  salary  for  the  time  of  such 
absence,  of  which  account  shall  be  taken  by  the  Police  Judge. 

Sec.  17.  The  Chief  of  Police  shall  designate  one  or  more  out  of  the 
number  of  Police  officers  to  attend  constantly  upon  the  Police  Judge's  Court, 
to  execute  the  orders  and  process  of  the  said  Court;  he  may  order  to  be 
arrested  and  to  be  taken  before  the  Police  Judge,  any  person  guilty  of  a 
breach  of  the  peace  or  a  violation  of  the  general  regulations  established  by 
the  Board  of  Supervisors  under  ti?e  authority  granted  in  this  Act;  he  shall 
supervise  and  direct  the  Police  force  of  said  City  and  County,  and  shall  ob- 
serve and  cause  to  be  observed  the  provisions  of  this  Act,  and  the  regulations 
established  by  the  Board  of  Supervisors  in  relation  thereto;  he  shall  see 
that  the  lawful  orders  and  process  issued  by  the  Police  Judge's  Court  are 
promptly  executed;  and  shall  exercise  such  other  powers  connected  with  his 
office,  as  head  of  Police,  as  may  be  prescribed  in  the  general  regulations 
adopted  by  the  Board  of  Supervisors. 

Skc.  18.  The  Chief  of  Police  shall  acquaint  himself  with  all  the  statutes 
and  laws  in  force  in  that  State  defining  public  offenses  and  nuisances,  and 
regulating  criminal  proceedings,  and  shall  procure  and  keep  in  his  office  the 
Statutes  of  this  State  and  of  the  United  States,  and  all  necessary  elementary 
works  on  that  subject;  he  shall  give  information  and  advice  touching  said 
laws,  gratuitously,  to  all  Police  Officers  and  Magistrates  asking  it. 

Sbc.  19.  ^Amended  April  18,  1857,  209;  April  27,  1863,  739].ii  *  *  * 
A  Clerk  shall  be  appointed  [for  the  Police  Judge's  Court]  by  the  Board  of 
Supervisors,  with  a  salary  of  two  hundred  dollars  per  month  {^Amended  by  Act 
of  May  17,  1861,  554,  555;  Supplement  VII  y,  who  shall  give  bond  as  re- 
quired by  law,  and  hold  his  office  during  the  pleasure  of  the  said  Board. 
[TAe  remaining  portion  of  the  section  is  repealed  by  the  Act  of  January  27, 
1864;  1863-4,  30,  Supplement  XVI.  By  the  Act  of  March  7,  1881,  an  addi- 
tional Clerk  is  appointed  for  Police  Court  No  2.  ] 

Sec.  20.  Proceedings  in  the  Police  Judge's  Court  shall  be  conducted  in 
conformity  with  the  laws  regulating  proceedings  in  the  Recorders'  Courts. 
The  said  Court  shall  be  open  daily,  Sundays  excepted.^'^     *■>:*■ 

Sec.  21.  The  Clerk  of  the  Police  Judge's  Court  shall  keep  a  record  of  its 
proceedings,  issue  all  process  ordered  by  said  Court,  receive  and  pay  weekly 
into  the  treasury  of  the  City  and  County  all  fines   imposed  by  said  Court, ^* 


' '  By  this  Act  the  Police  Judge's  Court  is  declared  not  to  be  a  Court  of  Record.  See  also  Sections 
33  and  34  of  the  Code  of  Civil  Procedure. 

"  Remainder  of  section  superseded  by  Act  of  December  9,  1865;  1865-6,  1;  Supplement  XXI. 
See  also  Peual  Code,  Sections  1426  to  1470.  inclusive. 

"  Fines  and  forfeitures  not  exceeding  eight  hundred  dollars  in  any  one  month,  imposed  for 
drunkenness,  shall  be  paid  to  officers  of  Home  for  Care  of  Inebriates.  Act  of  March  17, 1876;  1875-6, 
325;  Supplement  LXXVII. 


THE  CONSOLIDATION  ACT.  11 

aud  render  to  the  County  Auditor,  monthly,  and  before  any  amount  can  be 
paid  him  on  account  of  sahiry,  an  exact  and  detailed  account,  upon  oath, 
accompanied  with  an  exhibition  of  said  record,  of  all  fines  imposed  and 
moneys  collected  since  his  last  account  rendered.  He  shall  prepare  bonds, 
justify  and  accept  bail,  when  the  amount  has  been  fixed  by  the  Police  Judge, 
in  cases  not  exceedinj^  one  thoiisaud  dollars,  and  he  shall  fix,  justify  and 
accept  bail  after  arrest,  in  the  absence  of  the  Police  Judge,  in  all  cases  not 
amounting  to  a  felony,  in  the  seme  manner  and  to  the  same  eftect  as  though 
the  same  had  been  fixed  by  the  Police  Judge.  The  said  Clerk  shall  remain 
at  the  court-room  of  said  Court,  in  the  City  Hall,  during  the  hours  named 
in  Section  eight  of  the  Act  of  which  this  is  amendatory,  and  during  such 
reasonable  hours  thereafter  88  may  be  necessary  for  the  purpose  of  dis- 
charging his  said  duties.     lAinended  May  18,  1861,  544.] 

Sec.  22.  All  fines  imposed  by  the  Police  Judge's  Court,  Court  of  Ses- 
sions'* of  said  City  and  County,  or  any  Justices'  Court,  shall  be  paid  into 
the  treasury  thereof,  as  part  of  the  Police  Fund;'^  in  cases  where,  for  any 
offense,  the  said  courts  are  authorized  to  impose  a  fine  or  imprisonment  in 
the  county  jail  or  both,  they  may,  instead  thereof,  sentence  the  offender  to 
be  employed  in  labor  upon  the  public  works  of  said  City  aud  County,  for  a 
period  of  time  equal  to  the  term  of  imprisonment  which  might  be  legally 
imposed,  and  may,  in  case  of  imposing  a  fine,  embrace  as  a  part  of  the  sen- 
tence, that  in  default  of  payment  of  such  fine,  the  offender  shall  be  em- 
ployed to  labor  on  said  public  works  at  one  dollar  a  day  till  the  fine  imposed 
is  satisfied.  By  the  public  works,  as  used  in  this  Act,  is  understood  the  con- 
struction, or  repair,  or  cleaning,  of  any  street,  road,  dock,  wharf,  public 
square,  park,  building,  or  other  works  whatsoever,  which  is  authorized  to  be 
done  by  and  for  the  use  of  the  said  City  and  County,  and  the  expense  of 
which  is  not  to  be  borne  exclusively  by  the  individuals  or  property  particu- 
larly benefited  thereby. 

Sec.  23.  The  Chief  of  Police,  in  conjunction  with  the  President  of  the 
Board  of  Supervisors  aud  the  Police  Judge,'^  the  concurrence  of  two  of  them 
being  necessary  to  a  choice,  shall  appoint  four  Captains  of  Police,''  each 
from  a  difierent  district,  and  as  many  Police  Officers,  not  exceeding  one  hmi- 
dred  and  fifty  \_Amendment  March  23.  1872;  1871-2,  512;  Supplement  LVIl], 
I  Further  amended  April  1,  1878;  1877-8,  879]  as  the  Board  of  Supervisors 
shall  determine  to  be  necessary.  Thereof  an  equal  number  in  proportion 
to  population,  as  near  as  may  be,  shall  be  selected  from  each  district  that 


'*  See  note  10,  ante.    Court  of  Sessions  abolished. 
'*  See  note  13,  ante. 
'*  See  note  19,  post. 

"  One  additional  allowed  by  Act  of  April  1, 1S78.  Laws  1877-8,  p.  879.   Police  officers  now  appointed 
by  Comiuissioners  under  Act  of  April  1,  1878. 


12  THE  CONSOLIDATION  ACT. 

shall  be  situated,  wholly  or  partly,  withiu  the  limits  specifiecl  in  section 
second  of  the  Act  now  repealed,  entitled  "An  Act  to  re-incorporate  the  City 
ot  San  Francisco,"  passed  May  sixth  [fifth],  one  thousand  eight  hundred 
and  fifty-five."  '^ 

Sec.  24.  No  person  can  be  appointed  Captain  of  Police  or  Police  Oflficer, 
unless  he  be  a  citizen  of  the  United  States  and  of  this  State,  and  a  resident 
and  qualified  voter  of  the  City  and  County;  and,  in  case  of  each  Police  Offi- 
cer, a  resident  of  the  district  from  which  he  is  chosen,  and  also,  before  his 
appointment,  shall  produce  to  the  said  President  of  the  Board  of  Supervis- 
ors, Chief  of  Police  and  Police  Judge,  a  certificate  signed  by  at  least  twelve 
freeholders  and  qualified  voters  of  the  said  City  and  County,  who,  in  case  of 
application  for  appointment  of  a  Police  Officer,  must  also  be  residents  of 
the  district  from  which  he  is  to  be  appointed,  stating  that  they  have  been 
jDcrsoually  and  well  acquainted  with  the  applicant  for  one  year  or  more  next 
l^receding  the  application,  and  that  he  is  of  good  repute  for  honesty  and  sobri- 
ety, and  they  believe  him  to  be,  in  all  respects,  competent  and  fit  for  the 
office.  All  the  certificates  so  produced  shall  be  carefully  preserved  in  the 
office  of  Chief  of  Police. 

Sec.  25.  Police  Captains  and  Officers  may  be  suspended  from  office  by 
the  Chief  of  Police,  and,  with  the  concurrence  of  the  President  of  the 
Board  of  Supervisors  and  Police  Judge,  removed  from  office  for  official  neg- 
ligence, inefficiency,  or  miscondiact,  under  such  general  rules  and  regulations, 
not  contrary  to  law,  as  may  have  been  established  by  the  Board  of  Super- 
visors; they  shall  receive  from  the  treasury  of  said  City  and  County,  payable 
out  of  the  Police  Fund,  such  compensation  as  may  be  fixed  by  the  Board  of 
Supervisors,  not  exceeding  one  thousand  eight  hundred  dollars  a  year,  each, 
for  Cajitains,  and  one  thousand  two  hundred  dollars  a  year,  each,  for 
Officers.* 

Sec.  26.  Neither  the  Chief  of  Police,  Captains,  or  any  officer  of  Police, 
shall  follow  any  other  profession  or  calling,  become  bail  for  any  person 
charged  with  any  oft'ense  whatever,  receive  any  present  or  reward  for  official 
services  rendered,  or  to  be  rendered,  unless  with  the  knowledge  and  appro- 
bation of  a  majority  of  the  Police  Commissioners,  to  wit:  the  Police  Judge, 
President  of  the  Board  of  Supervisors,  and  Chief  of  Police  of  the  City  and 
County  of  San  Francisco^^ — such  approbation  to  be  given  in  writing;  nor  be 
allowed  pay  for  any  period  during  which  they  shall  absent  themselves  from 


'°  Laws,  1855,  p.  €51:  ".Section  2.  The  City  of  San  Francisco  shall  be  boiinded  as  follows:  On  the 
south  by  a  line  drawn  parallel  with  Clay  street,  two  and  a  half  miles  distant  from  the  center  of 
Portsmouth  Siiuare;  on  the  west  by  a  line  drawn  parallel  with  Kearny  street,  two  miles  distant 
from  the  center  of  Portsmouth  Square;  its  boundaries  on  the  north  and  east  shall  be  the  same  with 
those  of  the  County  of  San  Francisco."    *    *    * 

*  For  authority  to  increase  salaries  of  police  force,  see  Supplement  X,  sub,  16,  post. 

"  Board  of  Police  Commissioners,  composed  as  provided  by  Act  of  April  1,  1878. 


THE  CONSOLIDATION  ACT.  13 

public  duty,  unless  such  absence  necessarily  result  from  indisposition  or  dis- 
ability occasioned  by  injuries  suffered  while  in  the  discharge  of  official  duty. 
Tolice  Officers  in  subjection  to  the  orders  of  the  respective  Captains,  and  all 
under  the  general  direction  of  the  Chief  of  Police,  shall  be  prompt  and  vigi- 
lant in  the  detection  of  crime,  the  arrest  of  public  offenders,  the  suppression 
of  all  riots,  frays,  duels  and  disturbances  of  the  public  peace,  the  execution 
of  process  from  the  Police  Judge's  Court,  in  causing  the  abatement  of  pub- 
lic nuisances,  the  removal  of  unlawful  obstructions  from  the  public  streets, 
and  the  enforcement  of  the  laws  and  regulations  of  the  Police.  [Artie/tded 
3Iarch2i,  1859,  131. J 

Sec.  27.  In  case  of  great  public  emergency  or  danger,  the  Chief  of  Po- 
lice may  appoint  an  additional  number  of  Policemen,  of  approved  character 
for  honesty  and  sobriety,  who  shall  have  the  same  powers  as  other  Police 
Officers  for  twenty-fovu"  hours  only,  but  without  pay.  The  Chief  of  Police, 
Captains,  and  every  officer  of  the  permanent  force,  shall  provide  themselves . 
with  a  uniform  and  badge  of  office,  to  be  prescribed  by  regulations  of  the 
Board  of  Supervisors,  which  shall  be  worn  by  them  upon  all  occasions, 
with  such  exceptions  as  may  be  permitted  by  the  Chief  of  Police  in  the  per- 
formance of  detective  duty. 

Sec.  28.  Charges  of  oppression  or  official  misconduct,  when  presented 
by  anj'  citizen  of  said  City  and  County,  against  any  Police  Captain  or  Offi- 
cer, and  verified  on  oath,  setting  forth  the  specific  acts  complained  of,  shall 
be  received  and  attentively  considered  and  determined  by  the  Police  Judge, 
President  of  the  Board  of  Supervisors,  and  Chief  of  Police,  giving  to  the 
accused  due  notice,  and  an  impartial  hearing  in  defense."  The  Chief  of  Po- 
lice, Police  Judge,  and  all  other  officers  now  acting  or  hereafter  to  be  elected 
or  appointed  under  the  provisions  of  this  Act,  may  be  accused,  tried,  and 
removed  from  office  in  the  mode  prescribed  by  the  laws  of  this  State  for  the 
removal  of  civil  officers  otherwise  than  by  impeachment. 

Sec.  29.  The  Board  of  Supervisors  shall,  from  time  to  time,  establish  a 
convenient  number  of  Police  Stations;  determine  within  what  districts  the 
Police  Officers  and  Captains  shall  usually  be  distributed  and  employed;  des- 
ignate the  prisons  to  be  used  for  the  reception  of  all  persons  arrested  or 
convicted  and  sentenced  for  public  ofl"enses,  in  cases  not  provided  for  by 
law;  [and]  appoint,  during  the  pleasure  of  the  Board,  the  keeper  of  such 
prisons. 

ARTICLE  III. 

PUBLIC  INSTRUCTION. 

[Seos.  30  to  35,  inclusive,  repealed  by  Act  of  April  27,  1863,  GOl;  post  Sup- 
plement XIII,  which  supersedes  this  article.  ] 


'  Now  Police  Commissioners  by  Act  o£  April  1,  1878;  Statutes  1877-S,  879. 


14  THE  CONSOLIDATION  ACT. 


ARTICLE  IV. 

PUBLIC    STBEETS    AND    HIGHWAYS. 

[Secs.  36  to  64,  inclusive,  repealed,  see  post,  Supplement  LXIII,  which  is  a 
substitute  for  this  Article.     See  also  Acts  1883,  32;  1885,  147.] 

ARTICLE  V. 

SUPEKVISOBS. 

Sec.  65.  The  Supervisors  in  their  respective  districts,  shall  vigilantly  ob- 
serve the  conduct  of  all  public  oflScers,  and  take  notice  of  the  fidelity  and 
exactitude,  or  the  want  thereof,  with  which  they  execute  their  duties  and  ob- 
ligations, especially  in  the  collection,  custody,  administration,  and  disburse- 
ment of  public  funds  and  property;  for  which  purpose  the  books,  records, 
and  official  papers,  of  all  officers  and  magistrates  of  such  districts  shall,  at 
all  convenient  times,  be  open  to  their  inspection.  They  shall  take  care  that 
the  books  and  records  of  all  officers  in  their  districts  are  kept  in  legal  and 
proper  form.  They  shall  have  power,  and  it  shall  be  their  duty,  every  month, 
to  examine  the  accounts  of  any  officer  of  their  respective  districts,  having 
the  collection  and  custody  of  public  funds,  to  examine  and  count  over  the 
moneys  remaining  in  the  hands  of  such  officers,  and  shall  note  any  discrep- 
ancy or  defalcation  that  may  be  discovered,  or  reasonably  suspected,  and  re- 
port the  same  forthwith,  together  with  any  willful  official  negligence  or  mis- 
conduct on  the  part  of  any  such  officer,  to  the  President  of  the  Board  of 
Supervisors. 

Sec.  66.  At  every  regular  session  of  the  Board  of  Supervisors,  before  pro- 
ceeding to  other  business,  each  member  shall  be  called  upon  to  report,  orally, 
upon  the  matters  specified  in  the  preceding  section ;  to  give  information  of 
the  condition  of  his  district,  in  regard  to  public  schools,  streets,  roads,  and 
highways,  health,  police,  industry,  and  population,  and  to  suggest  any  de- 
fects he  may  have  noticed  in  the  laws  and  regulations,  or  the  administration 
thereof,  and  the  means  of  remedying  them. 

Sec.  67.  The  Supervisors  shall  meet  within  five  days  after  each  annual 
election,  and  also  on  the  first  Monday  of  January,  April,  July  and  October, 
of  each  year,  and  at  sneh  other  times  as  specially  required  by  law;  or  they 
may  for  urgent  reasons,  be  specially  convoked  by  the  President  of  the  Board 
of  Supervisors.  A  majority  of  all  the  Supervisors  to  be  elected  in  the  sev- 
eral districts  shall  constitute  a  quorum  to  do  business;  and  no  regulation, 
resolution,  ordinance,  or  order  of  the  Board,  can  pass  without  the  concur- 
rence of  a  majority  of  all  the  members  elected,^"  but  a  smaller  number  may 
adjourn  from  day  to  day.     All  the  sessions,  acts  and  resolutions  of  the  Board 


^^  Seven  votes  necessary.    Act  March  30,  1868;  1867-8,  702;  Supplement  XL. 


THE  CONSOLIDATION  ACT.  15 

shall  be  public.  The  President  of  the  Board  of  Supervisors,  elected  by  the 
City  and  County  at  large,  shall  preside  at  all  the  sessions  of  the  Board,  with- 
out the  right  to  vote.  In  his  absence,  during  any  session,  the  Board  shall 
appoint  a  President  pro  tempore,  who  shall,  however,  have  the  same  vote  as 
other  members.  The  Board  of  Supervisors  shall  be  the  judge  of  the  election 
returns,  and  qualifications  of  its  own  members,  and  shall  order  and  provide 
for  holding  elections  in  the  proper  districts,  to  fill  vacancies  which  may  hap- 
pen or  exist  more  than  six  months  previous  to  the  next  general  election;  at 
which  general  election  such  office  shall  be  filled  by  election  for  the  full  term 
of  two  years.'*'  The  Board  of  Supervisors  shall  determine  the  rules  of  its 
proceedings,  keep  a  record  of  its  acts  and  resolutions,  and  allow  the  same  to 
be  published;  and  the  yeas  and  nays  on  any  question  shall,  at  the  request  of 
any  member,  be  entered  on  its  journals.  The  Board  of  Supervisors  shall 
appoint  a  clerk,  with  a  salary  of  one  hundred  and  seventy-five  dollars  per 
month.  lA7nended  April  26,  1862,  466.  Amended  April  26,  1878,  556.2'^], 
to  hold  ofiice  during  the  pleasure  of  the  Board,  who  shall  be  ex  officio  Clerk 
of  the  Board  of  Equalization,  without  any  additional  salary  as  such,  except 
as  provided  in  section  eleven.  \_Ri pealed.  -See  ante,  Sec.  11],  and  shall  be  re- 
quired to  take  the  constitutional  oath  of  office,  and  give  bond  for  the  faithful 
discharge  of  the  duties  of  his  office.  He  shall  have  power  to  administer 
such  oaths  and  affirmations  as  may  be  required  by  law  or  the  regulations,  or 
the  orders  of  the  Board,  relating  to  any  demands  upon  the  Treasury,  or 
other  business  connected  with  the  government  ot  the  City  and  County;  and 
shall  also  have  power  to  certify  and  authenticate  copies  of  all  records,  pajjers, 
and  documents  in  his  official  custody.  The  powers  of  the  Board  of  Super- 
visors are  those  granted  in  this  Act,  and  they  are  prohibited  to  exercise  any 
others.     \_Amended  April  18,  1857,  209.] 

Sec.  68.  It  shall  be  the  duty  of  the  President  of  the  Board  of  Supervis- 
ors vigilantly  to  observe  the  official  conduct  of  each  Supervisor  in  his  dis- 
trict, and  of  all  public  officers  of  the  City  and  County,  and  take  note  of  the 
fidelity  and  exactitude,  or  the  want  thereof,  with  which  they  execute  their 
duties  and  obligations,  especially  in  the  collection,  custody,  administration 
and  disbursement  of  the  public  funds  and  property;  for  which  purpose  the 
books,  records  and  official  papers  of  all  officers  and  magistrates  of  said  City 
and  County,  shall  at  all  convenient  times  be  open  to  his  inspection.  He 
shall  take  especial  care  to  see  that  the  books  and  records  of  all  such  officers 
are  kept  in  legal  and  proper  form;  and  any  official  defalcation,  or  willful 
neglect  of  duty,  or  official  misconduct,  which  he  may  have  discovered,  or 
which  shall  have  been  reported  to  him  by  any  Supervisor,  shall,  at  the  earli- 
est opportunity,  be  laid  before  the  Grand  Jury,  in  order  that  the  officer  in  de- 


■'  See  note  4,  ante. 

-'  Board  of  Supervisors  authorized  to  increase  salary,  by  Act  of  March  30,  1S72;  1871-2,  735;  Sup- 
plement LX. 


16  THE  CONSOLIDATION  ACT. 

fault  may  be  proceeded  against  according  to  law.  Every  ordinance  or  reso- 
lution of  the  Board  of  Supervisors,  providing  for  any  specific  improve- 
ment, the  granting  of  any  privilege,  or  involving  the  lease  or  other  appro- 
priation of  public  property,  or  the  expenditure  of  ])ublic  moneys  (except 
for  sums  le&s  than  five  hundred  dollars),  or  laying  tax  or  assessment,  and 
every  ordinance  or  resolution  imposing  a  new  duty  or  penalty,  shall,  after 
its  iutroduclion  in  the  Board,  be  published,  with  the  ayes  and  nays,  in  some 
city  daily  newspaper,  at  least  five  successive  days  before  final  action  by  the 
Board  upon  the  same;  and  every  such  ordinance,  after  the  same  shall  pass 
the  Board,  shall,  before  it  takes  effect,  be  presented  to  the  President  of  the 
Board  for  his  approval.  If  he  approves,  he  shall  sign  it;  if  not,  he  shall 
return  it  within  ten  days,  to  the  Board,  with  his  objections  in  writing.  The 
Board  shall  then  enter  the  objections  on  the  journals,  and  publish  them  in 
some  city  newspaper.  If  at  any  stated  meeting  thereafter  two-thirds  of  all 
the  members  elected  to  the  Board  vote  for  such  ordinance  or  resolution,  it 
shall  then,  despite  the  objections  of  the  President,  become  valid. ^^  Should 
any  such  ordinance  or  resohition  not  be  returned  by  the  President,  within 
ten  days  after  he  receives  it,  it  shall  become  valid  the  same  as  if  it  had  re- 
ceived his  signature. 

Sec.  69.  All  contracts  for  building-^  and  printing  to  be  done  for  the  said 
City  and  County,  and  ordinary  supplies  for  subsistence  of  prisoners,  must 
be  given  by  the  Board  of  Supervisors  to  the  lowest  bidder  offering  adequate 
security,  after  due  public  notice  published  for  not  less  than  five  days,  in  at 
least  two  newspapers  in  said  City  and  County.  All  contracts  for  subsist- 
ence of  prisoners  must  be  given  out  annually  at  a  fixed  price  per  day,  not  exceed- 
ing twenty-five  cents  per  diem,  for  each  person  connected  with  the  prison 
{^Amended  April  2Q,  1862,  466];  and  the  advertisements  for  proposals  to  be 
published  as  aforesaid  by  the  Board  of  Supervisors,  shall  specify  each  ar- 
ticle that  will  be  required,  the  quality  thereof,  the  quantity  for  each  person, 
and  the  existing  and  probable  number  of  prisoners  to  be  supplied.  All  ar- 
ticles of  food  supplied'  for  prisoners  must  be  of  a  sound  and  wholesome 
quality,  and  subject  to  the  inspection  and  approval  of  the  keeper  of  the 
prison,  and  also  of  the  President  of  the  Board  of  Supervisors  and  Police 
Judge  of  said  City  and  County,  all  of  which  must  be  expressed  in  the  con- 
tract therefor  to  be  entered  into. 

Sec.  70.  The  Board  of  Supervisors  shall  have  power  to  hear  and  determine 
appeals  from  the  executive  officers  of  said  City  and  County,  in  the  cases 
provided  in  this  act;  and  iu  all  cases  of  an  appeal  taken  to  the  Board  of  Su- 
pervisors, or  Board  of  Education,  from  the  order  or  decision  made  by  any 


"  Nine  votes  necessary.    Section  2,  Act  of  March  30,  1868;  1867-8,  702;  Supplement  XL. 

"  Declared  to  be  inapplicable  to  the  Board  of  Education  of  the  City  and  County  of  San  Francisco 
and  to  the  property,  real  and  pe.-sonal,  of  the  School  Depai-tment,  by  Section  8  of  Act  of  April  26, 
1858,  341.    And  see  Section  1,  Sub.  10,  Act  of  April  1,  1872,  846;  Supplement  LXIV. 


/ 


THE  CONSOLIDATION  ACT.  17 

other  officer  or  officers,  such  officer  or  officers  shall  furnish  the  Board  with  a 
statement  of  his  or  their  reasons  for  the  order  or  decision  so  appealed  from, 
and  the  partj'  appealing  shall  be  heard  briefly,  but  without  the  observance  of 
anj'  technical  or  other  formalities,  not  necessary,  in  the  discretion  of  the 
Board,  to  a  just  decision,  which  shall,  after  ascertaining  the  true  state  of  the 
case,  be  given  without  delay. 

Sec.  71.  First.  On  or  before  the  first  Monday  of  May,^'"  annually,  the 
Board  of  Supervisors  of  said  City  and  County  shall  levy  the  amount  of  taxes 
for  State,  City  and  County  purposes,  required  by  law  to  be  levied  upon  all 
property  not  exemj^t  from  taxation,  said  amount  to  be  such  as  the  said  Board 
may  deem  sufficient  to  provide  for  the  payment  of  all  demands  upon  the 
treasury  thereof,  authorized  bylaw  to  be  paid  out  of  the  same;  provided,  that 
such  taxation,  exclusive  of  the  State  tax,  and  any  and  all  special  taxes  now, 
or  which  hereafter  may  be,  aiithorized  by  law,  shall  not  in  the  aggregate  ex- 
ceed the  rate  now  allowed  by  said  Act  of  which  this  is  amendatory — to  wit: 
two  dollars  and  thirty-five  cents  upon  each  one  hundred  dollars'  valuation  of 
the  property  to  be  assessed;  provided,  further,  that  the  said  Board  of  Super- 
visors shall,  in  making  the  said  levy  of  said  taxes,  apportion  and  divide  the 
taxes  so  levied  and  to  be  collected  and  ai)plied  to  the  several  si^ecific  funds 
known  as  the  Corporation  Debt  Fund,  General  Fund,  School  Fund,  Street 
Light  Fund,  and  Street  Department  Fund,  according  to  the  estimate  of  said 
Board  of  the  necessities  of  the  said  Funds,  except  that  the  rate  for  the  School 
Fund  shall  not  exceed  thirty-five  cents'-^  on  each  one  hundred  dollars'  valua- 
tion of  property;  and  provided,  further,  that  the  said  Board  shall  authorize 
the  disbursement  of  said  money  for  the  purposes  hereinafter  mentioned;  and 
at  the  close  of  each  fiscal  year  the  said  Board  shall  direct  the  Treasurer  to 
transfer  all  surplus  moneys  of  all  funds,  excepting  the  School  Fund,  after 
liquidating  or  providing  for  all  outstanding  demands  upon  said  funds,  to  the 
General  Fund;  but  no  money  shall  be  transferred  from  either  of  the  said  funds 
to  another;  nor  used  in  paying  any  demands  upon  such  other  fund,  until  all 
the  indebtedness  arising  in  any  fiscal  year  and  payable  out  of  said  funds  so 
raised  for  said  fiscal  year  shall  have  been  paid  and  discharged. 

Second.  The  Corporation  Debt  Fund  shall  be  applied  to  and  used  for  the 
payment  of  demands  authorized  under  the  fourth,  fifth,  sixth,  eighth  and 
tenth  subdivisions  of  section  ninety-five  of  the  Act  of  which  this  is  amenda- 
tory, and  the  several  other  acts  amendatory  thereof,  and  of  section  seven  of 
an  Act  entitled  an  Act  to  provide  for  the  funding  and  payment  of  the  out- 
standing unfunded  claims  against  the  City  of  San  Francisco  and  against  the 
County  of  San  Francisco,  as  they  existed  prior  to  the  first  day  of  July,  A.  D. 


^^  On  fourth  Monday  of  June  fix  rate  of  City  autl  County  taxes.    See  Sectiou  4,  Act  of  March  18, 
1874,  477;  Supplement  XCVII.    Also  see  Suction  3714,  Pol.  Code. 

^'  The  aggregate  shall  not  exceed  thirty-five  dollars  for  each  pupil  who  shall  have  attended  and 
been  taught  the  preceding  year;  Section  4,  Act  of  April  1,  1872,  846;  Supplement  LXIV. 

2 


18  THE  CONSOLIDATION  ACT. 

eighteen  biindred  and  [fifty-six,  approved  April  twentieth,  A.  D.  eighteen 
hundred  and]  fifty-eight. 

Third.  The  General  Fund  shall  be  applied  and  used  for  the  payment  of 
all  sums  authorized  by  law  to  be  paid  out  of  the  General  Fund,  and  not  other- 
■wise  provided  for  in  this  Act. 

Fourth.  The  School  Fund  shall  be  applied  and  used  for  the  payment  of 
all  sums  authorized  by  law  to  be  paid  out  of  the  School  Fund. 

Fifth.  The  Street  Light  fund  shall  be  applied  and  used  in  payment  for 
lighting  the  streets  of  the  city,  and  for  the  repair  of  lamps  and  posts  in  pur- 
suance of  any  existing  or  future  contract  of  the  said  City  and  County. 

Sixth.  The  Street  Department  Fund  shall  be  applied  and  used  for  repair- 
ing, improving  all  streets,  lanes  and  the  crossiugs  thereof,  which  shall  have 
been  accepted  by  the  said  Board  of  Supervisors;  for  cleaning  streets,  lanes, 
crossings  and  sewers;*  for  all  street  work  in  front  of,  or  assessable  upon, 
property  belonging  to  the  said  City  and  County,  except  school  lots  already 
payable  out  of  [the]  School  Fund;^'  for  all  street  work  on  the  water  front  of 
said  City  and  County  not  by  law  assessable  upon  private  property;  for  all 
work  authorized  by  the  said  Board  upon  the  recommendation  cf  the  Superin- 
tendent of  Streets  and  Highways,  as  immediately  essential  for  the  safety  of  life, 
limb  or  property,  or  necessary  for  public  health,  or  which  cannot  be  by  law  as- 
sesesed  upon  private  property,  and  for  such  other  objects,  relating  to  streets  and 
highways,  as  shall  be  directed  by  law  to  ue  paid  therefrom.  All  moneys  re- 
ceived from  licenses  on  vehicles,  from  the  income  from  street  railroads,  from 
fines  and  penalties  for  violation  of  any  law  or  ordinance  regulating  vehicles 
or  the  public  streets,  shall  be  paid  into  the  Street  Department  Fund. 
lAmended,  March  26,  1866;*  1865-6,  436.]  t 

Sec.  72.  The  said  Board  of  Supervisors  shall  also  constitute  a  Board  of 
Equalization  for  said  City  and  County,  and  as  such  shall  have  the  powers 
conferred  by  the  general  laws  regulating  the  assessment  and  collection  of 
taxes,  when  not  inconsistent  with  the  provisions  of  this  Act.  Appointments 
of  ofiiceis  or  public  agents  required  by  existing  statutes,  not  repealed  by  this 
Act,  to  be  made  on  the  nomination  of  the  Mayor,  and  confirmation  by  the 
Common  Council  of  the  City  of  San  Francisco,  shall,  after  this  Act  takes 
efi'ect,  be  made  in  like  manner  on  the  nomination  of  the  President  of  the 
Board  of  Supervisors  and  a  confirmation  by  said  Board. 

Sec.  73.  It  shall  be  the  duty  of  Ihe  Auditor,  the  Superintendent  of  Com- 
mon Schools,  the  Superintendent  of  Public  Streets  and  Highways,  Chief  of 


*See  Act  April  3,  1876;  1875-6.  795;  Supplement  LXXXIII;  in  connection  with  this. 
•    Also  Act  of  December  21,  1877;  1887-8,  4;  also  Act  of  March  27,  1878;  1878,  544. 

"  Expense  of  improvements  in  front  of  school  lots  payable  from  same  fund  as  other  street  work 
Act  March  30,  1868;  1867-8,  558;  Supplement  XXXIX,  Section  2. 

JSee  Act  April  3,  1876;  1875-6,  795;  Supplement  LXXXIII;  in  connection  with  this.    , 

See  Supplement  X,  Section  7. 


THE  CONSOLIDATION  ACT.  19    . 

Police  and  Chief  Engineer-  of  the  Fire  Department  of  said  City  and  County, 
to  report  to  the  Board  of  Supervisors  on  the  first  Monday  in  February*  of 
each  year  the  condition  of  their  respective  departments,  embracing  all  their 
operations  and  expenditures  during  the  preceding  year,  and  recommending 
such  improvements  in  them  as  they  may  deem  necessary.  The  Auditor  shall 
also  present  to  the  Board  of  Supervsiors  at  each  quarterly  session,  and  mu-.t 
also  publish  the  same,  a  statement  of  the  exact  condition  of  the  finances  of 
said  City  and  County,  which  must  show  the  receipts  into,  and  disbursements 
made  from  the  treasury  during  the  preceding  quarter,  the  amount  of  money 
on  hand,  and  the  amount  of  audited  demands  outstanding.  Immediately 
after  the  first  Monday  in  February  the  Board  of  Supervisors  shall  make  up 
and  publish  an  abstract  from  these  several  reports  and  other  sources  of  the 
operations,  expenditures  and  condition  of  all  departments  of  government  of 
the  said  City  and  County. 

Sec.  74.  [As  amended  May  18,  1861,  544.]  The  Board  of  Supervisors 
shall  further  have  power,  by  regulation  or  order: 

Firsfi.  ISuperseded  by  Sec.  1,  Sub.  1,  Act  of  April  25,  1863,  540;  Supple- 
ment X//.] 

Second,  To  provide  for  the  security,  custody  and  administration  of  all 
property  of  said  City  and  County,  without  any  power  to  sell  or  encumber  the 
same,  or  lease  any  part  thereof  for  more  than  three  years;  except,  however, 
that  such  personal  property  belonging  to  the  fire,  street,  or  other  departments, 
as  they  deem  unsuited  to  the  iises  and  purposes  for  which  the  same  was 
designed,  or  so  much  worn  and  dilapidated  as  not  to  be  worth  repairing,  may 
be  sold  or  exchanged,  by  order  or  resolution.-^         #  *  *  »  * 

{The  portion  of  this  subdivision  as  thus  amended,  relating  to  appointment  of  a 
City  and  County  Attorney  by  the  Board  of  Supervisors,  repealed  by  Act  of 
March  25,  1862,  98;  Supplement  Vin.-\ 

Third.  ISuperseded  by  Act  of  April  25,  1863,  540;  Sec.  1,  Sub.  2;  Supple- 
ment -I^II.'\ 

Fourth.  To  provide  for  cases  omitted  in  this  Act,  and  in  conformity  with 
the  principles  adopted  in  it  for  opening,  altering,  extending,  constructing 
repairing,  or  otherwise  improving  of  public  streets  and  highways,  at  the 
expense  of  the  property  benefited  thereby,  without  any  recourse,  in  any 
event,  upon  the  City  and  County,  or  the  public  treasury,  for  any  portion  of 
the  expense  of  such  works,  or  any  delinquency  of  the  property-holders  or 
owners,-'* 

Fifth.     Providing  for  lighting  the  streets.     \_Amended  April  26,  1862,  466.] 
Sixth.    To  regulate  market-houses  and  market-places. 


*As  the  fiscal  year  now  entls  June  30,  reports  of  departments  are  now  required  to  be  presented  in 
July. 

'^  Inapplicable  to  property  of  School  Department.    See  Act  April  26,  1858,  cited  note  24,  ante. 
"  In  connection  with  this  subdivision  see  Act  April  25, 1863,  560;  Supplement  XII. 


20  THE  CONSOLIDATION  ACT. 

Seventh.     ^Superseded  by  Act  of  Aiyril  24,  1863,  406.] 

Eighth.  To  provide  for  inclosing,  improving  and  regulating  all  public 
grounds  of  the  City  and  County,  at  an  expense  not  to  exceed  two  thousand 
dollars  per  annum. 

Ninth.  To  prohibit  the  erection  of  wooden  buildings,  or  structures,  within 
any  fixed  limits  where  the  streets  have  been  established  and  graded,  or 
ordered  to  be  graded;  to  regulate  the  sale,  storage  and  use  of  gunpowder,  or 
other  explosive  or  combustible  materials  and  substances,  and  make  all  need- 
ful regulations  for  protection  against  fire.* 

Tenth,  To  make  such  regulations  concerning  the  erection  and  use  of  build- 
ings as  may  be  necessary  for  the  safety  of  the  inhabitants. 

Eleventh.  To  determine  the  fines,  forfeitures  and  penalties  that  shall  be 
incurred  for  the  breach  of  regulations  established  by  the  said  Board  of  Su- 
pervisors, and  also  for  a  violation  of  the  provisions  of  this  Act,  where  no 
penalty  is  affixed  thereto,  or  provided  by  law,  but  no  penalty  to  be  imposed 
shall  exceed  the  amount  of  one  thousand  dollars,  or  six  months'  imprison- 
ment, or  both;  and  every  violation  of  any  lawful  order,  or  regulation,  or 
ordinance  of  the  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco is  hereby  declared  a  misdemeanor  or  public  ofi'ense,  and  all  prosecu- 
tions for  the  same  shall  be  in  the  name  of  the  people  of  the  State  of 
California. 

Twelfth.  To  regulate  and  provide  for  the  employment  of  prisoners  sen- 
tenced to  labor  on  the. public  works  of  said  City  and  County. 

Thirteenth.  To  license  and  regulate  hackney  coaches,  carriages  and  other 
public  vehicles,  and  to  fix  the  rates  to  be  charged  for  the  transportation  of  per- 
sons, baggage  and  property  therein;  and  also  to  license  and  regulate  porters 
emiDloyed  in  conveying  baggage  for  persons  arriving  in  and  departing  from 
said  City  and  County,  and  to  j)rohibit  the  exercise  of  those  employments 
without  such  licenses.  [  The  greater  part  of  this  subdivision  is  superseded  by 
Sec.  1,  Sub.  4,  Act  of  April  25,  1863,  540;  post.  Supplement  XL] 

Fourteenth.  \_Repealed  and  substance  re-enacted  by  Act  of  March  30,  1872; 
1871-2,  763;  post,  Supplement  LX1.'\ 

Fifteenth.  [Amended  by  Sec.  1,  Sub.  3,  Act  of  April  25,  1863,  540;  post. 
Supplement  XT.] 

Sixteenth.  To  provide  for  the  erection  of  a  workhouse,  house  of  refuge, 
or  house  of  correction,  and  for  the  regulation  and  government  of  the  same.^^ 

Seventeenth.  To  direct  and  control  the  Fire  Department  of  said  City  and 
.County,  in  conformity  with  the  laws . 

Eighteenth.     To  fix  the  fees  and  charges  to  be  collected  by  the  Surveyor  of 


*See  Supplement  LXVIII. 

3'  See  Act  of  April  1,  1872;  1871-2,  878;  Supplement  LXV;  and  Act  of  March  31, 1876;  1875-6,  632; 
Supplement  LXXXII.    And  Act  of  AprU  1,  1878. 


THE  CONSOLIDATION  ACT.  21 

said  City  and  County  for  certificates  of  surveys  for  buildings,  or  other  pur- 
poses, and  by  the  Superintendent  of  Streets  and  Highways,  and  any  and  all 
other  municipal  ofhcers,  where  their  fees  are  not  otherwise  fixed  by  law. 

Nineteenth.  To  provide,  by  regulation,  where  it  may  be  necessary,  for  car- 
rying the  provisions  of  this  Act  into  effect. 

Twentieth.  To  provide  for  the  care  and  maintenance  of  the  indigent  sick 
of  said  City  and  County;  but  not  to  incur  any  expense  therefor  exceeding 
the  sum  of  three  thousand  dollars  a  month  .^- 

Twenty-first.  To  provide  for  the  construction  and  repair  of  hydrants,  fire- 
plugs, cisterns  and  pumps  in  the  streets,  for  public  security  and  convenience. 

Twenty-second.     ITiepealed  by  Act  of  April  2G,    1862,  4G6;  Supplement  IX. '\ 

Twenty-third.  To  provide  ways  and  means  for  the  prosecution  of  the 
claims,  in  the  name  of  the  City  of  San  Francisco,  to  the  public  lands,  now 
pending  for  the  same. 

Twenty-fourth.  To  permit  the  laying  down  of  railroad  tracks,  and  the 
running  of  cars  thereon,  along  any  street,  or  portion  of  street,  for  the  sole 
purpose  of  excavating  and  filling  in  a  street,  or  portion  of  a  street,  or 
adjoining  lots,  and  for  such  limited  time  as  may  be  necessary  for  the  pur- 
poses aforesaid,  and  no  longer,  t 


ARTICLE   VI. 

FINANCE    AND   KEVENUE. 

Sec.  75.  All  fines,  penalties  and  forfeitures,  imposed  for  offenses  com- 
mitted within  the  said  City  and  County,  shall  be  received  by  the  Clerk  or 
Magistrate  of  the  respective  Court,  and  paid  into  the  Treasury  thereof,  as  a 
part  of  the  Police  Fund;^^  forty  per  cent,  of  all  poll  taxes  collected  in  said 
City  and  County,  or  any  other  proportion  of  such  poll  taxes  which  may  be 
hereafter  assigned  to  said  City  and  County,  by  law,  shall  also  be  paid  and 
received  into  the  treasury  thereof,  as  a  part  of  the  Police  Fund.^^  All  de- 
mands payable  out  of  said  fund  may,  in  case  there  be  not  sufficient  money  in 
the  treasury  arising  from  the  sources  specified  in  this  section,  be  paid  out  of 
the  General  Fund  of  said  City  and  County. 

Sec.  76.  The  School  Fund  of  said  City  and  County  shall  consist^^  of  all 
moneys  received  from  the  State  School  Fund;  all  moneys  arising  from  taxes 


"  See  Act  March  10. 1866;  1865-6,  214;  Supplement  XXV. 

tSee  Civil  Code,  Sections  497  to  511,  inclusive;  also  Act  March  26,  1878,  Subdivisions;  Section  1, 
1878,  p.  556. 

^^  See  note  13,  ante. 

^  Poll  tax  to  go  to  State  School  Fund.    Constitution  of  1879,  Section  12,  Art.  XIII. 

"  See  note  34,  ante. 


22  THE  CONSOLIDATION  ACT. 

tipon  property  which  shall  be  levied  each  year  for  that  use,  by  the  Board  of 
Supervisors,  and  which  shall  iu  no  case  exceed  the  rate  of  thirty-flvs  cents^^ 
on  each  hundred  dollars'  valuation  of  all  property,  real  and  personal, 
liable  to  be  assessed.  The  General  Fund  consists  of  all  moneys  in  the  treas- 
ury not  designated  and  set  apart  by  law  to  a  specified  use,  and  of  the  over- 
plus of  any  Special  Fund  remaining  after  the  satisfaction  of  all  demands 
upon  it.  The  Surplus  Fund  consists  of  any  moneys  belonging  to  the  Gen- 
eral Fund  remaining  iu  the  treasury  after  the  satisfaction  of  all  demands  due 
and  payable,  which  are  specilied  iu  the  first  fourteen  subdivisions  iu  section 
ninety-live.     The  fiscal  year  shall  be  the  same  as  that  of  the  State. 

Sec.  77.  :■?»***.;,** 

And  in  default  of  such  payment  before  the  time  when  the  Tax  Collector 
may  be  authorized  by  law  to  seize  and  sell  the  property  therefor,  the  said 
Tax  Collector  shall  proceed  to  collect  said  taxes,  together  with  his  legal  fees, 
by  seizure  and  sale  of  the  property  liable,  in  thf-  mode  prescribed  by  law  for 
the  collection  of  such  State  and  County  taxes.  «***«>' 
[Omitted  portions,  as  to  jxiyment  of  taxes  to  Treasurer,  superseded  by  provi- 
sions of  Revenue  Lavo.'\ 

Sec.  78.  The  Tax  Collector,  upon  the  final  settlement  to  be  made  by  him 
as  such  Tax  Collector,  according  to  the  requirements  of  the  law,  shall  be 
chaiged  with,  and  shall  pay  into  the  hands  of  the  Treasurer,  the  full  amount 
of  all  taxes  by  him  collected  and  not  previously  paid  over,  without  any  de" 
duction  of  commissions,  fees  or  otherwise;  he  shall  also  be  charged  with  and 
be  deemed  debtor  to  the  treasury,  for  the  full  amount  of  all  taxes  due  upon 
the  delinquent  list  delivered  to  him  for  collection;  unless  it  be  made  to  ap- 
pear that  it  was  out  of  his  power  to  collect  the  same  by  levy  and  sale  of  any 
property  liable  to  be  seized  and  sold  therefor;  if  the  impossibility  to  collect 
any  portion  of  such  delinquent  taxes  have  resulted  from  any  irregularity  or 
defect  in  the  assessment,  then  the  Assessor  whose  duty  it  was  to  make  the 
assessment,  shall  be  liable  and  be  deemed  debtor  to  the  treasury  for  the 
amount  remaining  uncollected  for  that  cause. 

Sec.  79.  The  Treasurer  of  said  City  and  County  shall  receive  and  safely 
keep  in  a  secure  fire-proof  vault,  to  be  prepared  for  the  purpose,  all  moneys 
belonging  to,  or  which  shall  be  paid  into,  the  treasury,  and  shall  not  loan, 
use  or  deposit  the  same,  or  any  part  thereof,  with  any  banker  or  other  personi 
nor  pay  out  any  part  of  said  moneys,  except  upon  demands  authorized  by 
this  Act,  and  after  they  have  been  duly  audited;  he  shall  keep  the  key  of  said 
vault,  and  not  sufi'er  the  same  to  be  opened  except  in  bis  presence.  At  the 
closing  up  of  the  same,  each  day,  he  shall  take  an  account  and  enter  in  the 
proper  book  the  exact  amount  of  money  on  hand,  and  at  the  end  of  every 
month  shall  make  and  publish  a  statement  of  all  receipts  into,  and  payments 


"  See  note  26,  ante. 


THE  CONSOLIDATION  ACT.  23 

from,  the  treasury,  and  on  what  account.  If  he  violate  any  of  the  provisions 
of  this  section  he  shall  be  considered  a  defaulter,  and  shall  be  deemed  guilty 
of  a  misdemeanor  in  office,  and  be  liable  to  removal,  and  shall  be  proceeded 
against  accordingly;  if  he  loan  or  deposit  said  moneys,  or  any  part  thereof, 
contrary  to  the  provisions  of  this  section,  or  apply  the  same  to  his  own  use, 
or  the  use  of  any  other  person,  in  any  manner  whatsoever,  or  suffer  the  same 
to  go  out  of  his  personal  custody,  except  in  payment  of  audited  demands 
upon  the  treasury,  he  shall  bo  deemed  guilty  of  a  felony,  and,  on  conviction 
thereof,  shall  suii'er  imprisonment  in  the  State  Prison  for  a  period  of  not  less 
than  three  or  more  than  ten  years. 

Sec.  80.  The  Treasurer  shall  keep  the  moneys  belonging  to  each  fund 
separate  and  distinct,  and  shall,  in  no  case,  pay  demands  chargeable  against 
one  fund  out  of  moneys  belonging  to  another,  except  as  otherwise  provided 
in  this  Act,  without  an  express  order  of  the  Board  of  Supervisors,  which 
can  only  be  made  at  or  after  the  third  regular  session,  held  during  the  fiscal 
year,  by  a  vote  of  two-thirds.  The  said  Treasurer  shall  give  his  personal 
attendance  at  his  public  office  during  the  office  hours  fixed  in  this  Act;  and 
if  he  absent  himself  therefrom,  except  on  account  of  sickness  or  urgent  ne- 
cessity, during  such  office  hours,  he  shall  lose  his  salary  for  the  entire  day 
on  which  he  was  absent. 

Sec.  81.     [llepealed  hy  Ad  of  March  28,  1859,  lil.] 

Sec.  82.  No  payment  can  be  made  from  the  treasury  or  out  of  the  public 
funds  of  said  City  and  County,  unless  the  same  be  specifically  authorized  by 
this  Act,  nor  unless  the  demand  which  is  paid  be  duly  audited,  as  in  this  Act 
provided,  and  that  must  appear  upon  the  face  of  it.  No  demand  upon  the 
•treasury  shall  be  allowed  by  the  Auditor  in  favor  of  any  person  or  officer  in 
*ny  manner  indebted  thereto,  without  first  deducting  the  amount  of  such 
indebtedness,  nor  to  any  jDcrson  or  officer  having  the  collection,  custody  of 
disbursement  of  public  funds,  unless  his  account  has  been  duly  presented, 
passed,  approved  and  allowed,  as  required  in  this  Act;  nor  in  favor  of  any 
officer  who  shall  have  neglected  to  make  his  official  returns  or  his  reports,  in 
writing,  in  the  manner  and  at  the  time  required  by  law,  or  by  the  regulations 
established  by  the  Board  of  Supervisors;  nor  to  any  officer  who  shall  have 
neglected  or  refused  to  comply  with  any  of  the  provisions  of  this  or  any  other 
Act  of  the  Legislature  regulating  the  duties  of  such  officer,  on  being  required 
in  writing  to  comply  therewith,  by  the  President  of  the  Board  of  Supervisoi's, 
or  the  Supervisor  of  the  respective  district;  nor  in  favor  of  any  officer  for 
the  time  he  shall  have  absented  himself  without  lawful  cause,  from  the  duties 
of  his  office  during  the  office  hours  prescribed  in  this  Act,  and  the  Auditor 
may  examine  any  officer,  receiving  a  salary  from  the  treasury,  on  oath  touch- 
ing such  absence. 

Sec.  83.  The  term  "audited,"  as  used  in  this  Act  with  reference  to  de- 
mands upon  the  treasury,  is  to  be  understood  their  having  been  presented  to, 
and  passed  upon,  by  every  officer  and  Board  of  officers,  and  finally  allowed 


24  THE  CONSOLIDATION  ACT. 

as  required  by  law;  aud  this  must  appear  upon  the  face  of  the  paper  repre- 
senting the  demand,  or  else  it  is  not  audited.  The  term  "  law  or  laws,"  as 
used  in  this  Act,  is  never  to  be  understood  as  applicable  to  any  regulation  of 
the  Board  of  Education,  or  of  the  Board  of  Supervisors,  *  *  [obsolete.'] 
but  only  applicable  to  the  constitution  and  the  laws  made  or  adopted  by  the 
Legislature  in  pursuance  thereof. 

Sec.  8-1.  Every  demand  upon  the  treasury,  except  the  salary  of  the 
Auditor,  and  including  [the J  salary  of  the  Treasurer,  must,  before  it  can  be 
paid,  be  presented  to  the  Auditor  of  the  City  and  County  to  be  allowed,  who 
shall  satisfy  himself  whether  the  money  is  legally  due  and  remains  unpaid, 
and  whether  the  paj'meut  thereof  from  the  treasury  of  the  City  and  County 
is  authorized  by  law,  and  out  of  what  fund.  If  he  allow  it  he  shall  indorse 
upon  it  the  word  "allowed,"  with  the  name  of  the  fund  out  of  which  it  is 
payable,  with  the  date  of  such  allowance,  and  sign  his  name  thereto;  but  the 
allowance  or  approval  of  the  Auditor,  or  of  the  Board  of  Supervisors,  or  any 
other  Board,  or  officer,  of  any  demand,  which  upon  the  face  of  it  appears 
not  to  have  been  expressly  made  by  law  payable  out  of  the  treasury  or  fund 
to  be  charged  therewith,  shall  afford  no  warrant  to  the  Treasurer  or  other 
disbursing  officer  for  paying  the  same.  No  demand  can  be  approved,  al- 
lowed, audited,  or  paid,  unless  it  specify  each  several  item,  date  and  value 
composing  it,  and  refer  to  the  law  by  title,  date  and  section  authorizing  the 
same. 

Sec.  8.5.  The  demand  of  the  Auditor  for  his  monthly  salary  shall  be  au- 
dited and  allowed  by  the  President  of  the  Board  of  Supervisors.  All  other 
monthly  demands  on  account  of  salaries  fixed  by  law,  and  made  payable  out 
of  the  Treasury  of  said  City  and  County,  may  be  allowed  by  the  Auditor 
without  any  previous  approval.  All  demands  payable  out  of  the  School 
Fund  must,  before  they  can  be  allowed  by  the  Auditor  or  paid,  be  previously 
approved  by  the  Board  of  Education,  or  by  the  President  thereof,  and  Super- 
intendent of  Common  Schools,  acting  under  the  express  authorization  of  said 
Board.*  Demands  for  teachers'  wages  or  other  expenses  appertaining  to  any 
school,  cannot  be  approved,  allowed  or  audited,  to  an  amount  exceeding  the 
share  of  school  money  which  such  school  will  be  entitled  to  have  appor- 
tioned to  it  during  the  current  fiscal  year.  Demands  for  monthly  pay  of 
Police  Captains  and  Officers  must,  before  they  can  be  allowed  by  the  Auditor 
or  paid,  first  be  approved  by  the  Police  Judge  and  Chief  of  Police,  t  or  if  they 
refuse  or  cannot  agree,  then  by  the  Board  of  Supervisors.  All  other  lawful 
demands  payable  out  of  the  treasury,  or  any  public  funds  of  said  City  and 
County,  and  not  hereinbefore  in  this  section  specified,  must,  before  they  can 
be  allowed  by  the  Auditor,  or  in  any  manner  be  recognized  or  paid,  be  first 
approved  by  the  Board  of  Supervisors;  or,  if  the  demand  be  under  two  hun- 


*See  Section  7,  Act  April,  1872,  p.  846,  Supplemen   LXIV. 
tAmended  by  Act  of  April  1, 1878. 


THE  CONSOLIDATION  ACT.  25 

dred  dollars,  by  the  President  and  two  members  thereof,  appointed  by  the 
Board  for  that  purpose,  with  power  to  act  under  and  sabject  to  its  instruc- 
tions and  regulations  during  recess  of  the  said  Board.  The  Auditor  must 
number  and  keep  a  record  of  all  demands  on  the  treasury  allowed  by  him, 
showing  the  number,  date,  amount  and  name  of  the  original  and  present 
holder;  on  what  account  allowed,  out  of  what  fund  payable,  and  if  previ- 
ously approved,  by  what  officer,  officers  or  Board  it  has  been  so  approved; 
and  it  shall  be  deemed  a  misdemeanor  in  office  for  the  Auditor  to  deliver  any 
demand  with  his  allowance  thereon,  until  this  requisite  shall  have  been  com- 
plied with.     [Amended  April  18,  1857,  209.] 

Sec.  86.  The  President  of  the  Board  of  Supervisors,  Auditor,  Chief  of 
Police,  President  of  the  Board  of  Education,  and  each  Supervisor  shall 
have  power  to  administer  oaths  and  affirmations  concerning  any  demand  on 
the  treasury,  or  otherwise  relating  to  their  official  duties.  Every  officer  who 
shall  approve,  allow,  or  pay  any  demand  on  the  treasury  not  authorized  by 
this  Act,  shall  he  liable  to  the  City  and  County,  individually  and  on  his  official 
bond,  for  the  amount  of  the  demand  so  illegally  approved,  allowed  or  paid. 
Every  citizen  shall  have  the  right  to  inspect  the  books  of  the  Auditor,  Treas- 
urer, and  Clerk  of  the  Board  of  Supervisors,  at  any  time  during  business 
hotirs.  Copies  or  extracts  from  said  books,  duly  certified,  shall  be  given  by 
the  officer  having  the  same  ia  his  custody,  to  any  citizen  demanding  the 
same,  and  paying  or  tendering  sixteen  cents  per  folio  of  one  hundred  words 
for  such  copies  or  extracts.     \_Amended  April  18,  1857,  209.] 

Sec.  87.  The  Auditor  is  the  head  of  the  Finance  Department  of  the  City 
and  County,  and  as  such  is  required  to  be  constantly  acquainted  with  the 
exact  condition  of  the  treasury,  and  every  lawful  demand  itpon  it.  He  shall 
keep  a  public  office,  and  give  his  personal  attendance  there  daily  during  the 
office  hours  fixed  in  this  Act,  and  shall  not  be  permitted  to  follow  or  engage 
in  any  other  occupation,  office,  or  calling,  while  he  holds  said  office;  if  he 
absents  himself  from  his  office  ditring  such  office  hours,  except  on  indispens- 
able official  business  or  urgent  necessity,  he  shall  lose  his  salary  for  the  day, 
and  it  shall  be  a  part  of  his  official  daty  to  keep  account  of  the  times  and 
occasions  when  he  shall  be  so  absent  from  duty.'' 

Sec.  88.  Every  lawful  demand  upon  the  treasury  duly  audited,  as  in  this 
Act  required,  shall  in  all  cases  be  paid  on  presentation  and  canceled,  and  the 
proper  entry  thereof  be  made  if  there  be  sufficient  money  in  the  treasury 


"  The  Act  of  April  3,  1876;  1875-6,  852,  provides  as  follows: 

"  Section  1.  The  clerk  of  the  Auditor  of  the  City  and  County  of  San  Francisco  shall  be  known 
and  designated  as,  and  exercise  the  powers  of,  Deputy  Auditor  of  said  City  and  County,  in  case  of 
the  illness  or  absence  of  the  Auditor,  in  the  auditing  and  signing  of  lawful  den)ands  upon  the  trea- 
sury of  said  City  and  County,  when  the  same  have  been  approved  and  allowed  by  the  proper  officers 
and  Board  of  officers  in  accordance  with  law,  and  in  administering  oaths  or  affirmations  in  all  mat- 
ters in  connection  with  demands  upon  the  treasury,  or  reports  required  by  law  to  be  filed  in  the 
office  of  the  Auditor  of   said  City  and  County." 


2C  THE  CONSOLIDATION  ACT. 

belonging  to  the  fund  out  of  which  it  is  payable;  but  if  there  be  not  sufficient 
money  belonging  to  said  fund  to  pay  such  demand,  then  it  shall  be  registered 
in  a  book  to  be  kept  by  the  Treasurer  for  that  purpose,  showing  its  number, 
when  presented,  date,  amount,  name  of  the  original  holder,  and  on  what 
account  allowed,  and  out  of  what  fund  payable;  and  being  so  registered, 
shall  be  returned  to  the  party  presenting  it,  with  an  endorsement  of  the 
word  "  registered,"  dated  and  signed  by  the  Treasurer." 

Sec.  89.  Whenever  any  audited  demand  has  been  presented  to  the  Treas- 
urer and  not  paid,  and  it  be  made  known  to  the  President  of  the  Board  of 
Supervisors,  he  shall  proceed  immediately  to  investigate  the  cause  of  such 
non-payment;  and  if  it  be  ascertained  that  the  demand  has  been  illegally  and 
fraudulently  approved  or  allowed,  he  shall  cause  the  officer  guilty  of  such 
illegal  and  fraudulent  approval  or  allowance  to  be  proceeded  against  for  mis- 
conduct in  office.  If  he  ascertain  that  the  demand  has  been  duly  audited, 
and  that  the  Treasurer  has  funds  applicable  to  the  payment  thereof,  which, 
without  reasonable  grounds  for  doubt  as  to  the  legality  of  such  payment,  he 
refuses  to  apply  thereto,  he  shall  proceed  against  him  as  a  defaulter;  if  it  be 
ascertained  that  the  demand  was  not  paid  for  want  of  funds,  then  he  shall 
cause  the  Sheriff  or  Tax  Collector,  or  other  officer  or  person  or  persons,  who 
ought  to  have  collected  or  to  have  paid  the  money  into  the  treasury,  if  they 
have  been  grossly  negligent  therein,  to  be  proceeded  against  according  to  law 
and  without  any  delay. 

Sec.  90.  The  salaries,  fees,  and  compensation  of  all  officers,  including 
policemen  and  employees  of  all  classes,  and  all  teachers  in  common  schools, 
or  others,  employed  at  fixed  wages,  shall  be  payable  monthly;  and  any  de- 
mand whatsoever  upon  the  treasury,  hereafter  accruing,  shall  not  be  paid, 
but  shall  be  forever  barred  by  limitation  of  time,  unless  the  same  be  pre- 
sented for  payment,  properly  audited,  within  one  month  after  such  demand 
became  due  and  payable;  or,  if  it  be  a  demand  which  has  to  be  passed  and 
approved  by  the  Board  of  Supervisors  or  Board  of  Education,  then  within 
one  month  after  the  regular  session  of  the  proper  Board,  held  next  after  the 
demand  accrued,  or  unless  the  Board  of  Supervisors  shall,  within  six  months 
after  the  demand  accrued  as  aforesaid,  on  a  careful  investigation  of  the  facts, 
cei'tify  that  the  same  is  in  all  respects  just  and  legal,  and  that  the  presenta- 
tion of  it,  as  above  required,  was  not  in  the  power  either  of  the  original  party 
interested  or  his  agent,  or  the  present  holder,  in  which  case  it  shall  be  barred 
in  the  same  manner,  unless  presented  for  payment  within  twenty  days  there- 
after, t 

Sec.  91.  The  Treasurer,  for  money  received  into  the  treasury,  and  all 
other   offices,  [officers]  of  said  City  and   County  receiving  money  from  the 


♦Modified  by  Acts  of  February  25.  1878.  Ill;   and  March  18,  1878.  333  (One-Twelfth  Act). 
tSee  State  Constitution  of  1879,  Art.  XI,  .Section  18. 


THE  CONSOLIDATION  ACT.  27 

Treasurer  for  disbursement,  shall  give  receipt  for  all  moneys  by  them  re- 
ceived, which  receipt  bhall  be  presented  to,  and  countersigned,  by  the  Auditor. 
The  Auditor,  before  countersigning  any  such  receipt,  shall  number  it,  and 
make  an  entry  in  a  book  of  record,  to  be  kept  in  his  office  for  that  purpose, 
of  the  number,  date,  and  amount,  by  whom  and  in  whose  favor  given,  and  on 
what  account.  No  such  receipt  shall  be  valid  as  evidence  in  favor  of  the 
person  or  officer  receiving  it,  till  presented  to  the  Auditor  and  countersigned 
as  aforesaid;  and  any  person  or  officer  using,  or  offering  to  use,  such  receipt 
as  evidence,  in  favor  of  such  person  or  officer,  of  the  payment  specified  in  it, 
without  being  first  countersigned  as  above  required,  shall  forfeit  to  the  said 
City  and  County  double  the  amount  of  money  specified  in  such  receipt. 

Sec.  92.  If  any  person  feel  aggrieved  by  the  decision  of  the  Auditor,  or 
other  proper  officer  or  officers  of  said  City  and  County,  excejit  the  Board  of 
Education,  in  the  rejection  of,  or  refusal  to  approve  or  allow  any  demand 
upon  the  treasurj^  presented  by  such  person^  he  may  appeal,  and  have  the 
same  passed  upon  by  the  Board  of  Supervisors,  whose  decision  thereon  shall 
be  final;  and  if  the  said  Board  shall  approve  and  allow  the  demand,  it  shall 
afterward  be  presented  to  the  Auditor,  and  entered  in  the  proper  book  in  like 
manner  as  other  demands  allowed  by  him,  and  an  indorsement  must  be  made, 
of  its  having  been  so  entered,  before  it  can  be  paid;  provided,  that  from  the 
decision  of  the  President  of  the  Board  of  Education  and  Superintendent  of 
Common  Schools  refusing  of  not  agreeing  to  allow  any  demand  payable  out 
of  the  School  Fund,  the  appeal  shall  be  taken  to  the  Board  of  Education, 
whose  decision  thereon  shall  be  final. 

Sec.  93.  In  all  cases  of  such  appeals  to  the  Board  of  Supervisors  or  the 
Board  of  Education,  the  opinion  of  the  District  Attorney  thereon  shall  be  re- 
quired in  writing,  read  and  filed;  and  upon  such  appeal,  and  in  all  other 
cases,  upon  the  approval  or  allowance  of  any  demand  upon  the  treasury  or 
School  Fund,  the  vote  shall  be  taken  by  yeas  and  nays,  and  entered  upon  the 
records. 

Sec.  94.  The  President  of  the  Board  of  Supervisors,  in  conjunction  with 
the  County  Judge*  and  Auditor  of  said  City  and  County,  shall,  every  month, 
examine  the  books  of  the  Treasurer,  and  other  officers  of  said  City  and 
County  having  the  collection  and  custody  of  public  funds,  and  shall  be  per- 
mitted, and  it  shall  be  their  duty,  to  see  and  count  over  all  the  moneys  re- 
maining in  the  hands  of  such  Treasuser  or  other  officer.  If  they  ascertain 
clearly  that  such  Treasurer,  or  other  officer,  is  a  defaulter,  they  shall  forthwith 
take  possession  of  all  funds,  books,  and  papers,  belonging  to  such  officer,  and 
appoint  a  person  to  fill  the  same,  until  the  said  defaulting  officer  can  be  pro- 
ceeded against  according  to  law,  which  shall  be  done  without  delay.  The 
person  so  appointed  shall  give  bond  and  take  the  oath  of  office,  in  the  same 


*Under  the  iireaent  judicial  system  oue  of  the  Judges  of  the  Superior  Court.    Act  of  Februarj'  14, 
1880,  2;  and  Act  of  April  3,  1880,  115. 


28  THE  CONSOLIDATION  ACT. 

luauner  as  was  required  of  the  officer  whose  place  he  is  appointed  to  fill.  If 
the  Treasurer,  or  other  officer  so  charged  as  a  defaulter,  be  acquitted  thereof, 
he  shall  resume  his  duties. 

Skc.  95.  [As  amended  ylpriZ  18,  1857,  209.  J  Payments  of  demands  on  the 
treasurj'  of  said  City  and  County  may  be  made  for  the  following  objects,  and 
none  others: 

First — Out  of  the  Police  Fund,  the  fixed  salaries  of  Police  Captains  and 
officers.  Chief  of  Police,  Police  Judge  and  Clerk  of  the  Police  Court. 

Second.  Out  of  the  School  Fund,  the  salaries  or  wages  of  teachers  in  the 
common  schools,  rents,  repairs,  building,  and  furnishing  of  school-houses, 
as  provided  by  law. 

Third.  Out  of  the  General  Fund,  the  fixed  salaries  or  compensation  of 
the  Assessor  and  his  deputies,  *  *  *  and  other  officers  of  said  City  and 
County,  and  of  officers  of  the  Fire  Department,  and  the  legal  fees  of  jurors 
and  witnesses  in  criminal  cases,  when  the  same  by  law  are  payable  out  of 
the  county  treasury. 

Fourth  to  tenth,  inclusive.     \_Ohsolete,     Bonds  redeemed. '\ 

Eleventh.  Out  of  the  Police  Fund,  bills  for  the  subsisting  of  prisoners 
previously  authorized  by  the  Board  of  Supervisors,  as  in  this  Act  provided, 
and  duly  audited,  which  bills  must  minutely  specify  each  several  item  com- 
posing the  demand. 

Twelfth.     \_Ohsolcte.-\ 

Thirteenth.  Oiit  of  the  General  Fund,  bills  duly  audited  for  expenditures 
in  the  care  and  maintenance  of  the  indigent  sick  of  the  City  and  County, 
previously  authorized  by  the  Board  of  Supervisors,  and  not  exceeding  the 
amount  in  this  Act  limited  for  that  purpose. 

Fourteenth.     Out  of  the  General  Fund,  »  *  *  #  » 

the  expense  legally  incurred  for  books,  stationery,  and  official  blanks,  as  au- 
thorized by  section  eleven  of  this  Act,  and  the  necessary  expense  of  con- 
structing a  fire-proof  vault,  to  be  prepared  for  the  Treasurer's  office,  as 
required  by  section  seventy-nine  of  this  Act;  also,  expenditures  not  exceeding 
three  thousand  dollars  {^amended  Ai}ril2&,  1862,406;  sec.  1,  sub.  10,  Supplement 
iX;  and  by  Act  of  March  30,  1878;  sec.  1]  during  any  one  month, 
for  objects  of  urgent  necessity  other  than  those  heretofore  specified  in  this 
section,  when  the  amount  thereof  in  each  particular  case  shall  have  been 
previously  authorized  and  fixed  by  the  Board  of  Supervisors,  in  the  lawful 
exercise  of  their  powers.  \^Portionof  this  subdivision  relating  to  expenditures 
for  maintenance  of  Fire  Department  repealed  by  sec.  8,  Act  of  March  2,  1866; 
1865-5,138;  see  post.  Supplement  XXIV.  Further  amended  by  Acts  of  March 
26  and  March  28,  1878;  see  also  Supplement  X.] 

Fifteenth.  Out  of  the  Surplus  Fund,  expenditures  previously  authorized 
by  the  Board  of  Supervisors,  in  the  lawful  exercise  of  their  powers,  for  ob- 
jects other  than  those  specified  in  the  preceding  fourteen  subdivisions  of  this 
section,  may  be  paid  out  of  the  Surplus  Fund,  as  specified  in  sections  ninety- 


THE  CONSOLIDATION  ACT.  29 

seven  and  ninety-eight,  but  not  otherwise.  At  the  end  of  each  fiscal  year 
and  after  every  lawful  demand  on  the  treasury  then  due  and  payable,  or  to 
accrue  for  that  year,  shall  have  been  actually  paid,  taken  up  and  cancelled, 
and  record  thereof  made  in  the  proper  books,  or  cash  in  the  treasury  shall 
have  been  set  apart  and  reserved,  equal  to  the  amount  of  said  demands  that 
may  then  be  ovitstandiug,  or  to  accrue  for  that  year,  and  a  surplus  of  money 
shall  still  remain  in  the  treasury,  then,  and  in  such  case,  but  not  otherwise, 
the  Board  of  Supervisors  may,  out  of  such  Surplus  Fund,  and  from  no  other 
source  whatever,  make  appropiiatious  for  the  various  objects  embraced  within 
their  lawful  powers,  other  than  those  specified  in  the  first  fourteen  subdivi- 
sions of  this  section,  and  may,  in  case  the  revenue  of  the  year  then  next 
ensuing  will,  in  their  opinion,  be  amply  sufficient  to  satisfy  all  demands  upon 
the  General  Fund  and  Police  Fund,  set  apart  and  reserve  the  moneys  so 
appropriated,  to  be  expended  from  time  to  time,  during  such  succeeding  year, 
subject,  however,  to  the  provisions  of  section  niLety-sis.  Every  contract 
whereby  any  money  is  to  be  paid  out  of  the  treasury  for  other  objects  than 
those  specified  in  the  first  fourteen  subdivisions  of  this  section,  shall  be  null 
and  void  as  against  the  City  and  County,  if  made  before  such  Surplus  Fund 
exists  in  the  treasury,  and  unless  it  be  in  writing,  with  a  printed  copy  of  sec- 
tions ninety-five,  ninety-six,  ninety-seven  and  ninety-eight  of  this  Act  attached 
to  it,  and  in  such  case,  the  officer  or  officers  executing  the  same  in  behalf  of 
the  City  and  County,  in  contravention  of  this  provision,  shall  alone  be  liable 
in  his  or  their  individual  capacity,  to  the  other  contracting  party,  for  the 
fulfillment  of  such  contract. 

Sec.  9G.  The  demands  specified  in  the  first  fourteen  subdivisions  of  sec- 
tion ninety-five,  shall  be  paid  out  of  any  moneys  in  the  treasury,  in  prefer- 
ence to  any  and  all  other  demands  whatsoever;  and  in  case  of  any  deficiency 
of  funds  for  the  payment  of  any  of  the  said  demands,  when  presented,  then 
all  such  demands,  being  presented  and  registered  by  the  Treasurer,  as  in  this 
Act  required,  shall  be  paid  out  of  any  moneys  afterwards  coming  into  the 
said  treasury,  applicable  thereto,  in  the  order  in  which  the  same  are  regis- 
tered. 

Sec.  97.  The  Board  of  Supervisers,  Board  of  Education,  and  each  and 
every  officer  of  the  said  City  and  County,  being  absolutely  prohibited  to  con- 
tract any  debt  or  liability,  in  any  form,  against  the  said  City  and  Coiinty 
hereafter,  the  ix)wers  of  the  Board  of  Supervisors,  enumerated  in  this  Act, 
so  far  as  the  exercise  thereof  may  involve  the  expenditure  of  money  other- 
wise than  for  the  objects  and  demands  referred  to  in  the  preceding  section, 
shall  be  deemed  to  extend  only  to  authorizing  the  appropriation  and  applica- 
tion of  any  surplus  moneys  remaining  in  the  treasury,  during  any  one  fiscal 
year,  to  the  objects  specified  in  such  enumeration  of  powers,  after  the  de- 
mands mentioned  in  the  first  fourteen  subdivisions  of  section  ninety-five, 
due  and  payable  during  such  fiscal  year,  shall  have  been  paid,  and  the  sev- 
eral Sinking  Funds  shall  have  been  provided  and  reserved  for  the  redemp- 


30  THE  CONSOLIDATION  ACT. 

tiou   of   siud  bouds  and  certificates  of   stock,  to    the  amount  hereinbefore 
specified. 

Sec.  98.  If  any  expenditures,  not  authorized  by  this  Act,  be  incurred, 
they  can  never  be  paid  out  of  the  treasury,  nor  shall  they  be  deemed  to  con- 
stitute, or  lay  the  foundation  of,  any  claim,  demand,  or  liability,  legal, 
equitable,  or  otherwise,  against  the  said  City  and  County.  If  expenditures 
be  incurred,  which  are  authorized  by  this  Act  to  be  paid  out  of  the  surplus 
funds  in  the  treasury,  but  not  for  the  preferred  objects  specified  in  section 
ninety-six,  such  expenditures  can  only  be  paid  out  of  such  surplus  funds 
and  revenues  strictly  appertaining  to  the  fiscal  year  in  which  such  expendi- 
tures have  been  ordered,  or  the  contracts  therefor  entered  into,  and  cannot 
be  carried  forward  and  paid  out  of  any  revenues  accruing  and  receivable 
into  the  treasury  for  any  subsequent  year;  nor  shall  any  demand  for,  or  aris- 
ing out  of,  any  snch  expenditure,  contract,  or  consideration,  be  deemed  to  be 
a  legal  nor  [or]  equitable  claim  or  liability  against  the  said  City  and  County 
or  the  treasury  thereof,  or  the  taxable  property  or  taxpayers,  otherwise  than 
as  in  this  section  provided;  and  no  demand  preferred  against  the  said  City 
and  County,  or  the  treasury  thereof,  which  is  not  legally  obligatory  under 
the  provisions  of  this  Act,  can  be  recognized,  assumed,  or  legalized,  so  as  to 
give  it  any  validity,  or  authorize  the  payment  thereof. 

Sec.  99.     The  following  Acts  and  Laws  are  hereby  repealed: 

The  Act  entitled  "An  Act  to  re-incorporate  the  City  of  San  Francisco," 
passed  May  5,  one  thousand  eight  hundred  and  fifty-five. 

The  Act  explanatory  thereof,  passed  May  7,  one  thousand  eight  hundred 
and  fifty-five. 

The  Act  entitled  "An  Act  to  re-incorporate  the  City  of  San  Francisco," 
passed  April  15,  one  thousand  eight  hundred  and  fifty-one;  and  the  Act 
entitled  "An  Act  to  incorporate  the  City  of  San  Francisco,"  passed  April 
15,  one  thousand  eight  hundred  and  fifty. 

The  eighth  section  of  the  Act,  passed  April  25th,  one  thousand  eight 
hundred  and  fifty-one,  entitled  "An  Act  dividing  the  State  into  Counties, 
and  establishing  the  seats  of  justice  therein." 

The  Act  entitled  "An  Act  to  create  a  Board  of  Supervisors  for  the  County 
of  San  Francisco,  and  define  their  duties,"  passed  April  29,  one  thousand 
eight  hundred  and  fifty-one. 

The  twenty-eighth  section  of  the  Act,  passed  March  26th,  one  thousand 
eight  hundred  and  fifty-one,  entitled  "An  Act  concerning  County  Eecord-. 
ers,"  so  far  as  it  relates  to  San  Francisco  County. 

All  laws  and  parts  of  laws  defining  the  powers  and  duties  of  Supervisors, 
or  Boards  of  Supervisors,  are  declared  inapplicable  to  the  said  City  and 
County  of  San  Francisco,  except  such  as  are  expressly  referred  to  in  and 
made  applicable  thereto  by  the  provisions  of  this  Act;  also  all  laws  and 
parts  of  laws,  so  far  as  they  conflict  with  the  provisions  of  this  Act. 


THE  CONSOLIDATION  ACT.  31 


SCHEDULE. 


Sections  1  to  8,  inclusive.  \_Obsolete.'\ 
Sec.  9.  [Repealed  by  Sec.  17,  Act  of  Ajjril  18,  1857,  222.] 
Sec.  10.  This  Act,  excepting  this  section,  and  section  five  of  article  first, 
only,  shall  take  effect  on  and  after  the  1st  day  of  Jnly  next;  and,  in  the 
meantime,  the  existing  municipal  government,  or  ofl&cers  of  the  City  of  San 
Francisco,  or  the  Board  of  Supervisors,  or  other  oflicers,  of  the  County  of 
San  Francisco,  shall  not  have  power  to  contract  any  debt  or  liability  against 
the  said  City,  or  against  the  said  County.  But  this  prohibition,  or  ai^ything 
contained  in  the  existing  charter  of  said  city,  shall  not  be  construed  to  pre- 
vent the  appropriation  or  payment  out  of  the  treasury  of  any  moneys  actually 
existing  therein,  to  the  various  objects  and  purposes  as  authorized  bylaw,  or 
the  drawing  of  any  warrant  or  order  therefor.  This  section  and  section  five 
of  article  first  of  this  Act  shall  take  effect  immediately  after  its  passage. 


n}?^lcnufntatiiJ    ^c\§. 


SUPPLEMENTARY   ACTS. 


SUPPLEMENT    I. 
1857,   190. 


An  Act  to  define  the  Pmvers  and  Duties  of  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco  in  Certain  Cases, 

[Approved  April  10,  1S57.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  shall  have  power  to  appoint  a  committee,  consisting  of  three 
members  of  said  Board,  to  be  denominated  the  "Finance  Committee,"  and 
to  fill  all  vacancies  which  may  happen  in  said  committee  by  new  appoint- 
ments, from  time  to  time.  Said  committee,  in  addition  to  the  ordinary 
duties  of  the  Finance  Committee  of  said  Board,  shall  have  the  power  as 
hereinafter  specified. 

Sec.  2.  The  Clerk  of  the  Board  of  Supervisors  Shall  be  Clerk  of  the 
Finance  Committee,  after  the  expiration  of  six  months  from  the  passage  of 
this  Act.     *     *     *     \_Eemctinder  of  section  obsolete  .1 

Skc.  3.  The  Clerk  of  said  committee  shall  keep  a  record  of  its  proceed- 
ings, with  the  names  of  witnesses  examined,  and  a  substantial  account  of 
the  evidence  taken.  It  shall  be  the  duty  of  the  Sheriflf,  or  any  Constable, 
or  Policeman  of  said  City  and  County,  to  execute  the  lawful  process  and 
orders  of  the  said  committee.  The  said  committee  may  visit  any  of  the 
public  offices  when  and  as  often  as  they  think  proper,  and  make  their  exam- 


36  THE  CONSOLIDATION  ACT, 

I 
inations  and  investigations  therein  without  hindrance.     In  the  exercise  of  its 

functions,  the  concurrence  of    two  members  of    the   committee  shall  be 

deemed  sufficient. 

Secs.  4  and  5.     \_Ohsolde,.'\ 

Sec.  6.  The  said  committee  shall  hereafter,  as  often  as  may  be  required 
by  the  Board  of  Supervisors,  investigate  the  transactions  and  accounts  of 
all  officers  having  the  collection,  custody  or  disbursement  of  public  money, 
or  having  the  power  to  approve,  allow,  or  audit  demands  on  the  treasury, 
and  report  thereon  to  the  Board  of  Supervisors,  and  for  the  purpose,  shall 
continue  to  have  and  exercise  all  the  powers  granted  in  this  Act.  But  noth- 
ing in  this  Act  contained  shall  be  construed  to  relieve  the  Auditor,  President 
of  the  Board  of  Supervisors,  or  other  officers,  from  any  of  the  duties  and 
obligations  now  imposed  on  them  by  law. 

Sec.  7.  The  said  committee  and  the  Clerk  shall  have  free  access  to  any 
records,  books,  and  papers  in  all  public  offices.  And  said  committee  shall 
have  the  same  power  as  courts  of  record,  to  administer  oaths  and  affirma- 
tions, to  examine  witnesses,  and  compel  their  attendance  before  them  by 
subpoena,  and  attachment  for  contempt  in  case  of  their  refusal  to  appear  or 
to  testify  when  lawfully  required,  and  shall  have  the  like  power  to  punish  as 
for  contempt,  any  officer,  ex-officer,  or  other  person,  who  shall  refuse  or 
neglect,  when  required  in  writing  by  said  committee,  to  exhibit  any  official 
records,  books,  or  papers  in  his  custody,  or  to  explain  the  same,  or  any  offi- 
cial transaction  of  his  own  or  of  any  other  officer,  so  far  as  he  may  be  able. 

Sec.  8.  If,  from  the  examination  made  by  the  Finance  Committee,  in 
pursuance  of  the  powers  granted  by  this  Act,  it  shall  appear  that  a  misde- 
meanor in  office,  or  a  defalcation,  has  been  committed  by  any  officer  of  said 
City  and  County,  whose  accounts  and  transactions  they  are  authorized  to 
examine  as  aforesaid,  said  committee  shall  immediately  report  the  same  to 
the  President  of  the  Board  of  Supervisors,  who  shall  immediately  cause  said 
report  to  be  published,  in  at  least  two  daily  newspapers  published  in  the 
City  of  San  Francisco,  for  the  period  of  three  days. 


THE  CONaOLIDATION  ACT.  37 

SUPPLEMENT    II. 
1858,    1G6. 


An  Act  to  establish  the  Industrial  School  Department  of  the  City  and 
County  of  San  Francisco. 

[Approved  April  15,  1858.1 

The  People  of  the  State  of  California,  7'epresented  in  Senate  and  Assembly,  do 

enact  as  follows: 

ISedion  1  to  Sec.  5,  both  inclusive,  obsolete.  See  Note  38,  below,  and  Sup- 
plement L  VIII,  post.^^] 

Sec.  6.  The  [Board  of  Supervisors]  shall  have  the  control,  manage- 
ment, and  direction  of  all  the  affairs  and  business  of  the  department,  except 
so  far  as  provision  is  otherwise  made  by  law;  and  especially,  they  shall  have 
power  to  receive  donations  and  bequests,  and  to  accept,  purchase  and  hold 
real  estate,  which  shall  constitute  a  permanent  fund,  the  interest  of  which 
only  shall  bo  .-vpplied  in  payment  of  the  current  expenses  of  the  department; 
but  the  principal  sum  thereof,  except  in  case  of  real  estate,  shall  be  invested 
in  the  bonds  of  the  City  of  San  Francisco,  or  of  the  State  of  California,  or 
in  mortgages  upon  real  estate  within  said  City  and  County,  unless  the  testa- 
tor or  donors  shall  otherwise  direct.  The  [Board  of  Supervisors]  shall  also, 
especially,  have  power  to  accept  from  the  parents  or  guardian  of  any  child 
the  sixrrender  of  such  child  during  minority;  and  all  the  rights  of  parents  or 
guardians  to  keep,  control,  educate,  employ,  indenture  or  discharge  such 
child  shall  vest  in  the  [Board  of  Supervisors.] 

Sec.  7.  The  purposes  of  said  department  are  hereby  declared  to  be,  solely, 
the  detention,  management,  reformation,  education  and  maintenance  of  such 
children  as  shall  be  committed  or  surrendered  thereto;  and  no  portion  of  the 
funds,  whether  furnished  by  members  of  the  department,  or  by  the  City  and 
County  of  San  Francisco,  or  the  State  of  California,  or  from  any  other 
source  whatsoever,  shall  be  used,  or  allowed  to  be  used,  for  any  other  pur- 
pose whatsoever,  excepting  such  portion  thereof  as  may  be  required  in  pur- 
chasing the  land,  and  in  erecting,  improving,  enlarging  or  furnishing  the 
buildings  and  structures  necessary  to  said  department,  and  in  supplying  and 
managing  the  industry  of  the  school.  *  *  •  ^ml  ^q  member  of  the 
[Board  of  Supervisors]     '      *      "     shall     *      *      *     directly  or  indirectly 


''  Powers  and  duties  of  the  Board  of  Managers  vested  in  the  Board  of  Supervisors  by  Section  2, 
Act  of  March  23,  1872;  1871-2,  544;  Supplement  LVIU. 


38  THE  CONSOLIDATION  ACT. 

be  interested  in  any  contract  connected  with  the  management  of  the  depart- 
ment. 

Sec.  8.  The  [Board  of  Supervisors]  may  make,  alter,  and  amend  such 
by-laws  as  they  may  deem  proper  for  the  orderly  and  economical  manage- 
ment of  the  concerns  of  the  department,  and  they  shall  see  that  strict  disci- 
pline is  maintained  in  the  Industrial  School;  they  shall  provide  employment 
or  the  inmates,  indenture,  procure  them  to  be  adopted,  or  discharge  them, 
as  is  hereinafter  provided;  they  shall  appoint  a  Superintendent,  Deputy  Su- 
l)erintendent.  Matron,  Teachers,  and  such  other  employees  as  they  may 
require,  and  shall  fix  their  salaries;  they  shall  prescribe  the  duties  of  the 
Superintendent,  Deputy  Superintendent,  Matron,  Teachers,  and  other  em- 
ployees, not  inconsistent  M-ith  this  Act,  and  may  remove  such  officers  at 
pleasure,  and  appoint  others  in  their  places.  The  Superintendent  and  De^j- 
uty  Superintendent  shall  give  such  ofl&cial  bonds  as  may  be  required  by  the 
Board . 

Sec.  9.  For  the  care  and  maintenance  of  the  children,  and  the  salaries  of 
the  Superintendent,  Teachers  and  other  officers  of  said  school,  and  for  other 
purposes  connected  with  said  school,  the  Auditor  of  said  City  and  County  is 
hereby  authorized  and  required  to  audit  the  demands  of  the  [Board  of  Su- 
pervisors] for  an  amount  not  exceeding  three  thousand  dollars  per  month; 
and  the  Treasurer  of  said  City  and  County  is  hereby  authorized  and  required 
to  pay  the  sum  so  allowed  and  audited  out  of  the  General  Fund  of  the  City 
and  County  of  San  Francisco,  not  exceeding,  in  all,  the  said  sum  of  three 
thousand  dollars  per  month.''^     [Anmided,  March  28,  1868;  1867-8,  505.] 

Sec.  10.  The  [Board  of  Supervisors]  shall  have  power  to  receive  and 
detain  in  said  Industrial  School  such  children,  under  the  age  of  eighteen 
years,  as  may  be  thereto  committed  by  the  Police  Judge  [County  Court  or 
Municipal  Criminal  Court*"]  of  said  City  and  County,  as  vagrants,  living  an 


"  Current  expenses  shall  not  exceed  four  thousand  five  hundred  dollars  per  month,  to  be  audited 
and  paid  as  other  claims  against  the  city.    Sec.  2,  Act  of  March  23, 1872,  544;  Supplement  LVIII. 

'■''  The  Act  of  February  15,  1864;  1863-4,  75;  supplementary  to  the  Industrial  School  Act,  provides 
that: 

Section  1.  The  duties,  powers,  and  jurisdiction  which,  by  the  provisions  of  the  Act  entitled  "An 
Act  to  establish  the  Industrial  School  Department  of  the  City  and  County  of  San  Francisco,"  ap- 
proved April  fifteenth,  A.  D.  eighteen  hundred  and  fifty-eight,  are  enjoined  upon  or  vested  in  the 
Court  of  Sessions  of  said  City  and  County,  are  hereby  conferred  upon  and  vested  in  the  County 
Court,  except  those  mentioned  in  section  twelve  of  said  Act,  which  are  enjoined  upon  and  vested  in 
the  County  Judge  of  said  City  and  County. 

■Sec.  2.  The  [Board  of  Supervisors]  *  *  shall  have  power,  in  their  discretion,  to  grant 
any  children  placed  under  their  control  and  custody  leave  of  absence  from  said  school  for  such  time 
as  to  said  Board  shall  seem  proper. 

Sec.  3.    This  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

The  Act  of  April  1, 1872;  1871-2,  906;  supplementary  to  the  foregoing  supplemental  Act,  provides 
that: 

Section  1.  The  duties,  powers  and  jurisdiction  which,  by  the  provisions  of  an  Act  entitled  "An 
Act  supplementary  to  an  Act  entitled  'An  Act  to  establish  the  Industrial  School  Department  of  the 
City  and  County  of  San  Francisco,'  approved  April  fifteenth,  A.  D.  eighteen  hundred  and  fifty-eight," 


THE  CONSOLIDATION  ACT.  39 

idle  or  dissolute  life,  or  who  shall  be  duly  convicted  of  any  crime  or  misde- 
meanor, or  who,  upon  being  tried  before  such  Police  Judge  [County  Court 
or  Municipal  Criminal  Court]  for  any  crime  or  misdemeanor,  shall  be  found 
to  be  under  fourteen  years  of  age,  and  to  have  done  an  act  which,  if  done 
by  a  person  of  full   age,  would  be  a  crime   or   misdemeanor;  and  the  said 
[Board  of  Supervisors]  shall  have  power  to  place  the  said  children  commit- 
ted to  their  custody,  during  the  minority  of  said  children,  to  such   employ- 
ments, and  cause  them  to  be  instructed  in  such  branches  of  useful  knowledge 
as  may  be  suitable  to  their  years  and  capacity ;   and  they  shall  have  power, 
in   their   discretion,  to  bind   out   the  said  children,  with  their  consent,  as 
apprentices,  during  their  minority,  to  such  persons,  and  at  such  places,  to 
learn  such  proper  trades  and  employments  as  in  their  judgment  will  be  most 
conducive  to  their  reformation  and  amendment,  and  will  tend  to  the  future 
benefit  and  advantage  of  siich  children.     And  the  said  Police   Judge,  and 
the  said  [County  Court  and  Municipal  Criminal  Court],  and  either  of  them,  are 
hereby  authorized  and  empowered  to  commit  all  offenders  duly  convicted,  un- 
der eighteen  years  of  age,  to  said  Industrial  School,  in  all  cases  where  the  said 
Police  Judge,  and  the  said  [County  Court"*  and  Municipal  Criminal  Court"*], 
or  either  of  them,  shall  deem  such  commitment  to  be  more  suitable  than  the 
punishment  now  authorized  by  law.     And  if,  upon  any  trial  before  said  Police 
Judge  [County  Court  or  Municipal  Criminal  Court],  it  shall  appear  that  the 
person  on  trial  is  under  the  age  of  fourteen  years,  and  that  such  child  has  done 
an  act  which,  if  done  by  a  person  of  full  age,  would  warrant  a  conviction  of 
the  crime  or  misdemeanor  charged;  then,  and  in  that  case,  the  said  Police 
Judge,  and  the  said  [County  Court   and   Municipal  Criminal   Court],  and 
either  of  them,  shall  have  power  to  commit  said  child  to  the  said  Industrial 
School.     And  the  said  Police  Judge,  and  the  said  [County  Court  and  Muni- 
cipal Criminal  Court],  or  either  of  them,  on  the  application  of  the  Presi- 
dent of  the  Board  of  Supervisors,  or  of  any  member  of    said  Board,  or  of 
any  three  citizens,  shall  have  power,  upon  the  hearing  of  the  matter,  and 
upon  proof  to  the  satisfaction  of  said  Police  Judge,  and  said  [Co,unty  Court 
and  Municipal  Criminal  Court],  or  either  of  them,  to  sentence  to  said  In- 
dustrial School  any  child  under  eighteen  years  of  age,  who  lives  an  idle  or 
dissolute  life,  whose  parents  are  dead,  or,  if  living,  from  drunkenness,  or 
other  vices  or  causes,  neglect  to  provide  any  suitable  employment,  or  exer- 


approved  February  fifteenth,  eighteen  hundred  and  sixty-four,  are  conferred  upon  and  vested  in  the 
County  Court  of  the  City  and  County  of  San  Francisco,  are  hereby  also  conferred  upon  and  vested 
in  the  IV^unicipal  Criminal  Court  of  the  City  and  County  of  San  Francisco;  but  tliis  Act  shall  not  be 
construed  to  divest  the  County  Court  of  such  duties,  powers  and  jurisdiction. 
Sec.  2.    This  Act  shall  take  effect  an!  be  in  force  from  and  after  its  passage. 

Powers  of  County  Court  and  Muviicipal  Court  transferred  to  Superior  |Court,  Act  of  February  4, 
1880;  1880-2. 

*  Now  Superior  Court. 


40  THE  CONSOLIDATION  ACT. 

cise  any  salutary  control  over  such  child;  and  the  children  thus  committed 
shall  be  kept,  governed,  and  disposed  of  as  herein  provided;  and  no  child 
shall  be  reclaimed  or  taken  from  said  school  by  his  or  her  parents,  or  any 
other  person  or  persons,  without  leave  of  the  Court  or  Judge  by  whom  such 
child  was  committed.  And  whenever,  upon  the  trial  of  any  person  before 
the  Police  Judge  [*County  Court  or  Municipal  Criminal  Court]  of  said  City 
and  County,  said  person  shall  be  duly  convicted  of  the  crime  or  misdemea- 
nor charged,  and  it  shall  appear  that  such  person  is  under  the  age  of  eight- 
een years;  or  when  on  such  trial  it  shall  appear  that  such  person  has  done 
an  act  which,  if  done  by  a  person  of  full  age,  would  warrant  a  conviction  of 
the  crime  or  misdemeanor  charged,  and  that  such  person  is  under  fourteen 
years  of  age;  then,  in  that  case,  the  said  Police  Judge,  and  the  said  [*County 
Court  and  Municipal  Criminal  Court],  or  either  of  them,  may,  in  their 
discretion,  sentence  such  person  to  be  confined  in  the  correctional  depart- 
ment of  said  Industrial  school  for  any  term  not  exceeding  six  months;  and 
such  person  so  sentenced  shall  be  restrained  of  his  or  her  personal  liberty, 
and  shall  be  kept  in  a  ward  to  be  provided  therefor  separately  from  the  body 
of  said  school,  during  the  term  of  such  correction,  before  being  admitted  to 
the  general  ijrivileges  of  the  school  .^^ 

Sec.  11.  All  commitments  shall  be  directed  to  the  Superintendent  of  the 
Industrial  School,  or  any  of  his  deputies,  and  said  Superintendent  and  his 
deputies  shall  be  charged  by  such  commitment  with  the  detention  and  custody 
of  the  children  committed  to  the  school,  and  with  the  execution  of  all  orders 
and  process  of  any  court  respecting  such  children,  and  shall  have  the  same 
power,  under  and  by  virtue  of  such  commitment,  order,  or  process  of  court, 
or  a  surrender  accepted  by  the  [Board  of  Supervisors],  as  the  Sheriff  of  the 


"  Section  2  of  the  Act  of  March  8, 1860,  is  incorporated  in  the  text  in  See.  11;  and  Sec.  3  of  said 
Act  is  amended  by  the  Act  of  February  15,  1864;  1863-4,  76;  amendatory  thereof  and  supplementary 
thereto.    The  last  mentioned  Act  is  as  follows: 

Section  1.    Section  three  of  said  Act  is  hereby  amended  so  as  to  read  as  follows: 

"Sec.  3.  Any  person  who  shall  aid,  assist,  or  encourage  any  child  to  run  away,  who  has  been 
committed  or  surrendered,  or  who  has  been  indentured  by  the  [Board  of  Supervisors],  or  shall  harbor 
or  conceal  any  such  child,  knowing  of  such  commitment,  surrender  or  indentiu-e,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  in  a  sum  not  exceeding  three 
hundred  dollars,  and  imprisoned  for  a  term  not  exceeding  thirty  days.  And  any  child  who  may  be 
absent  on  leave  of  absence,  or  who  may  be  bound  as  an  apprentice  under  this  Act,  or  the  Act  to 
which  this  is  an  amendment,  and  shall  escape  from  the  person  under  whose  care  he  or  she  is  placed, 
or  to  whom  he  or  she  is  bound,  shall  be  considered  a  fugitive  from  said  school,  and  may  be  arrested 
and  returned  to  said  School  by  the  Superintendent  or  other  oflBcer  of  said  school,  or  by  any  SherifiE 
or  Police  Officer  in  this  State,  and  the  necessary  expense  of  such  arrest  shall  be  allowed  by  the  said 
Board  of  Supervisors]  *  *  ;  and  the  Auditor  of  said  City  and  County  shall  audit  the  same, 
and  such  expense  shall  be  paid  from  the  General  Fund  by  the  Treasurer  of  said  City  and  County." 

Sec.  2.    [Executed.] 

Sec.  3.    This  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

See  Sec.  1388  of  the  Penal  Code,  March  15,  1883,  in  reference  to  the  powers  of  Courts  in  certain 
cases  with  regard  to  minors. 

■"JTow  Superior  Court 


THE  CONSOLIDATION  ACT.  41 

County  has  or  might  have  under  commitments,  orders,  or  process  of  court 
directed  to  him.     lAmended  March  8,  1860,  73.] 

Sec.  12.  The  said  Police  Judge,  [County  Court  and  Municipal  Criminal 
Court],  or  either  of  them,  upon  the  application  of  the  [Board  of  Supervisors] 
and  upon  their  certificate  that  it  is  expedient  to  do  so,  shall  have  power  to 
discharge  any  child  committed  to  said  Industrial  School,  and  who  is  not  bound 
out  as  an  apprentice,  or  adopted.  And  the  said  Police  Judge,  [County  CourS 
and  Municipal  Criminal  Court],  or  either  of  them,  may,  in  like  manner,  dis- 
charge such  child,  upon  the  application,  in  writing,  of  the  parents  or  guardian 
of  such  child;  and,  after  ten  days'  notice,  in  writing,  to  the  [Board  of  Super- 
visors], if,  upon  the  hearing  of  the  application,  said  Judge,  or  Court,  shall 
consider  that  such  discharge  is  expedient. 

Seo.  13.  The  *  *  *  Superintendent  and  Deputy  Superintendents 
of  the  Industrial  School  Department,  are  hereby  declared  to  be  public  officers, 
and  subject  to  all  the  laws  of  this  State  delating  to  misdemeanor,  malfeasance, 
and  misfeasance  in  office. 

Sec.  14.  All  laws,  and  parts  of  laws,  in  conflict  with  the  provisions  of  this 
Act,  are  hereby  declared  to  be  inapplicable  to  the  City  and  County  of  San 
Francisco;  and  this  Act,  and  all  the  provisions  thereof,  shall  be  subject  to  the 
right  of  the  Legislature  to  alter,  repeal,  or  modify  the  same  at  any  time. 


SUPPLEMENT     III 
1885,   235. 


An  Act  to  confer  further  powers  upon  the  Board  of  Supervisors  and 
Auditor  and  Treasurer  of  the  City  and  County  of  San  Fran- 
cisco, and  to  authorize  them  to  perform  certain  acts  therein 
mentioned. 

[Approved  April  23,  1858.1 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly 
do  enact  as  follows: 

Section  1.     The  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco have  further  powers  conferred  upon  them  as  follows:" 


"  The  Subdivisions  omitted,  and   not  annotated,  relate  to  relief  of   individuals,  or  the  powers 
therein  contained  have  been  executed  or  have  been  superseded  or  repealed. 


42  THE  CONSOLIDATION  ACT. 

First .  To  order  paid  auy  final  judgment  against  said  City  and  County,  out 
of  the  Surplus  Fund. 

Second  to  Thirteenth  inclusive.  ******* 
Fourteenth.  To  order  constructed  a  common  pound  for  estrays,  and  to  pro- 
vide for  the  taking  up  and  impounding  of  all  animals  running  at  large  -within 
the  streets  of  said  City  and  County,  north  of  Johnson  street  and  east  of 
Larkin  street;  provided,  the  cost  of  the  construction  of  said  pound  shall  not 
exceed  five  hundred  dollars,  which  sum,  or  so  much  thereof  as  may  be  neces- 
sary, may  be  paid  out  of  the  General  Fund  by  order  of  said  Board  of  Super- 
visors. The  said  Board  shall  have  power  to  make  all  needful  rules  and  reg- 
ulations necessary  for  the  proper  management  and  control  of  said  pound, 
and  may  appoint  one  or  more  Pound  Keepers,  who  shall  be  paid  out  of  the 
fines  imposed  and  collected  of  the  owners  of  any  animals  impounded,  and 
from  no  other  source.*'' 

Fifteenth  to  Nineteenth  inclusive.  ***** 

Twentieth.     To   ordain,   procure   and   use,  a  common  seal,  to  be  used  at 

pleasure,  as  the  official  seal  of  the  said   City  and  County  of  San  Francisco; 

the  cost  of  which  seal  shall  not  exceed  fifty  dollars,  to  be  paid  out  of  the 

General  Fund,  by  order  of  said  Board  of  Supervisors. 

Twenty-first.  ******* 

Tioenty -second.  To  have  power  to  appoint  an  Assistant  Prosecuting  Dis- 
trict Attorney,  who  shall  hold  said  oflice  during  the  pleasure  of  said  Board. 
The  said  Assistant  shall  also  be  the  Prosecuting  Attorney  for  the  Police  Court 
of  said  City  and  County,  and  shall  receive  a  salary  as  such  Assistant  and 
Prosecuting  Police  Attorney,  of  two  hundred  and  fifty  dollars  per  month, 
\_Amended,  Act  April  26,  1862,  466;  Supplement  IX'\,  payable  monthly  out  of 
the  General  Fund,  which  shall  be  in  full  for  all  services  rendered  for  s.dd  City 
and  County,  or  for  either  of  them." 

Twenty-third.  TJie  said  Board  of  Supervisors  may  make  all  needful  rules 
and  police  regulations  for  the  safety  and  well  ordering  of  all  omnibus  lines 
in  the  City  and  County  of  San  Fraucisco. 

Twenty-fourth  to  Twenty-sixth  inclusive,  «  *  *  « 

Sec.  2.  The  Auditor  of  said  City  and  County  is  hereby  authorized  to 
audit,  and  the  Treasurer  of  the  same  is  hereby  authorized  to  i^ay,  any  and 
all  sums  that  miy  be  allowed  and  ordered  paid  by  said  Board  of  Supervisors, 
by  authority  of  this  Act. 


''^  Jurisdiction  of  tlie  Board  of  Supervisors  extended  over  the  wliole  City  and  County  of  San 
Fraucisco,  or  any  limited  portion  thereof,  as  in  theii-  discretion  they  may  prescribe  by  order,  by  Act 
of  May  14,  1861,  369. 

"  By  Act  of  April  3,  1876 ;  1875-6,  856  ;  the  Prosecuting  Attorney  is  authorized  to  appoint  a 
clerk,  who  shall  perform  such  duties  as  may  be  required  of  him  by  said  Prosecuting  Attorney,  and 
who  shall  receive  a  salary  of  one  hundred  and  twenty-five  dollars  per  month,  payable  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  Prosecuting  Attorney. 

By  Act  of  March  7,  1881,  74 ;  the  Board  of  Supervisors  is  empowered  to  appomt  like  officials  for 
Police  Judge's  Court  No.  2. 


THE  CONSOLIDATION  ACT.  43 


SUPPLEMENT    IV. 

1860,  272. 


All  Act  supplementary  to  an  Act  entitled  "An  Act  to  confer  further 
powers  upon  the  Board  of  Supervisors  and  Auditor  and  Treas- 
urer of  the  City  and  County  of  San  Francisco,  and  to  author- 
ize them,  to  perform  certain  acts  therein  mentioned,"  approved 
Aj)ril  twenty-third,  one  thousand  eight  hundred  and  ffty-eight. 

[Approved  April  27,  18G0.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco,  have  hereby  further  powers  conferred  upon  them,  as  follovys:*^ 

First.  To  allow  and  order  paid  out  of  the  General  Fund,  not  exceeding 
the  sum  of  six  thousand  dollars  in  any  one  fiscal  year,  for  repairs  and  im- 
provements of  streets  fronting  upon  the  water  front  of  the  City,  as  defined  by 
an  Act  entitled  "  An  Act  to  provide  for  the  disposition  of  certain  property 
of  the  State  of  California,"  passed  March  twenty-sixth,  one  thousand  eight 
hundred  and  fifty-one.     (See  sec.  2,525  Political  Code,  April  3,  1876.) 

Second.  To  allow  and  order  paid  out  of  the  General  Fund,  not  exceeding 
the  sam  of  twelve  thousand  dollars  in  any  one  fiscal  year,  for  repairs  to,  and 
imijrovements  upon,  streets  and  sewers  in  front  of  property  belonging  to  the 
City,  other  than  those  mentioned  in  the  previous  subdivision  of  this  sec- 
tion.        ******,*.* 

Third  to  Fifth,  inclusive.  *  >  ♦  ^  *  +^         *. 

Sixth.  To  allow  and  order  paid  out  of  the  General  Fund,  such  sums  as 
are  now  due,  or  may  become  due,  for  burying  the  indigent  dead. 

Seventh.  To  allow  and  order  paid  out  of  the  General  Fund,  such  sums  as 
are  now  due,  or  may  become  due,  for  expenses  of  conveying  insane  persons 
to  the  State  Hospital,  at  Stockton.*  ' 

Eighth.  *  ^.  ^  *  *  *  *  « 

Ninth.  To  allow  and  order  paid  out  of  the  General  Fund,  a  sum  not  to 
exceed  one  hundred  and  fifty  dollars  per  month,  to  be  expended  at  the  instance 
of  the  President  of  the  Board  of  Supervisors,  for  contingent  expenses  other 
than  those  heretofore  provided  for,  and  of  which  he  shall  make  a  quarterly 
report  to  the  Board. 


*^  The  portions    omitted  are  obsolete,  superseded  by  later  legislatiou,  or  are  matters  of  private 
interest. 
•Expenses  now  paid  by  State.    Sec.  2221  of  Pol.  Code. 


44  THE  CONSOLIDATION  ACT. 

Tenth  to  Sixteenth,  inclusive.        *-***» 
Seventeenth.     *  *  *    Also,  to  allow  and  order  paid  out  of  the 

General  Fund,  such  sums  as  are  now  due,  or  may  become  due,  to  the  phy- 
sicians of  the  City  and  County  Hospitals. 

Sec.  2.     This  Act  to  take  effect  and  be  in  force  from  and  after  its  passage. 


SUPPLEMENT    V. 
1861,  94. 

A7i  Act  in  relation  to  the  Burning  of  Bricks  in  the  City  and  County 
of  San  Francisco. 

[Approved  April'  5,  1861.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  From  and  after  the  passage  of  this  Act  the  Board  of  Supervi- 
sors of  the  City  and  County  of  San  Francisco  shall  have  full  power  and 
authority  to  fix  limits  in  said  City  and  County,  within  which  the  burning  of 
bricks  shall  be  prohibited,  and  to  make  such  rules  and  regulations  in 
relation  to  the  burning  of  bricks  in  any  part  of  said  City  and  County  as 
they  may  deem  advisable. 

Sec.  2.  The  Act  entitled  an  Act  to  prohibit  the  Burning  of  Bricks  within 
certain  limits  in  the  City  and  County  of  San  Francisco,  approved  March 
thirteen,  eighteen  hundred  and  sixty,  is  hereby  repealed. 


THE  CONSOLIDATION  ACT.  45 


SUPPLEMENT    VI. 
1861,  478. 


An  Act  su2'>plementary  to  an  Act  approved  April  tiventy-seventh, 
eighteen  hundred  and  sixty,  entitled  an  Act  supplementary  to 
an  Act  entitled  an  Act  to  confer  furtlier  ijowers  upon  the  Board 
of  Supervisors  and  Auditor  and  Treasurer  of  the  City  and 
County  of  San  Francisco,  and  to  authorize  them  to  perform 
certain  Acts  therein  mentioned,  approved  Aj^ril  twenty-third, 
eighteen  hundred  and  fifty-eight. 

[Approved  May  17,  1861.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  have  hereby  further  powers  conferred  upon  them,  as  follows  :*' 

Sec.  2,        ********  * 

Sec.  3.  To  allow  and  ordered  paid  out  of  the  General  Fund,  for  the  fiscal 
year  of  eighteen  hundred  and  sixty  and  eighteen  hundred  and  sixty-one,  not 
exceeding  the  sum  of  ten  hundred  dollars,  for  compiling  and  publishing  the 
laws  and  ordinances  relating  to  the  City  and  County  of  San  Francisco  ;  and 
for  any  fiscal  year  thereafter  a  further  sum,  not  exceeding  three  hundred 
dollars,  for  the  same  purpose. 

Sec.  4,        ********* 

Sec.  5.  To  allow  and  order  paid  out  of  the  General  Fund,  not  exceeding 
the  sum  of  five  thousand  dollars  in  any  one  fiscal  year,  for  the  employment 
of  special  counsel. 

Sec.  6.         ********* 


The  portions  omitted  are  obsolete,  or  have  been  superseded  by  later  legislation. 


4a  THE  CONSOLIDATION  ACT. 

SUPPLEMENT    VII. 

1861.  554. 


An  Act  to  Ux  and  regulate  the  Fees  and  Salaries  of  Officials  in  the 
City  and  County  of  San  Francisco. 

Approved  May  17,  1861. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  folloics  : 

Section  1.  Salaries  shall  be  allowed  and  paid  to  the  following  officers  of 
the  City  and  County  of  San  Francisco  as  in  this  Act  provided,  and  not  other- 
wise, and  shall  be  in  full  compensation  for  all  official  services  required  of 
them  by  law  : 

[  To  Associate  Justices  of  the  Court  of  Sessions,  etc.  Court  of  Sessions 
abolished  by  Amendment  of  1862  to  Constitution,'] 

To  the  District  Attorney,  ^re  thousand  dollars  per  annum.  lAmended, 
March  28,  1872  ;  1871-2,  653  ;  Political  Code,  sec.  4330.] 

To  the  Clerk  of  the  District  Attorney,  seventy-five  dollars  per  month.  *^ 

To  the  Police  Judge,  four  thousand  dollars  per  annum. 

To  the  Clerk  of  the  Police  Court,  two  hundred  dollars  per  month. 

To  the  Prosecuting  Attoruey  for  the  Police  Court,  two  hundred  and  fifty 
dollars  per  month.     ^Amended  April  26,  1862,  466,  sec.  3;  Supplement  IX."] 

To  two  Interpreters  and  Translators  of  foreign  languages,  to  be  appointed 
by  the  County  Judge,*  Police  Judge,  and  President  of  the  Board  of  Super- 
visors, if  they  deem  them  necessary,  one  hundred  dollars  each  per  month, 
subject,  however,  to  be  reduced  by  an  order  of  the  Board  of  Supervisors,  if 
in  their  opinion  such  reduction  is  proper,  ^^t 

To  the  City  and  County  Attorney,  five  thousand  dollars  per  annum. 
lAmended  March  25,  1862,  98  ;  Supplement  VIII.] 

To  the  Clerk  of  the  City  and  County  Attorney.  [^Superseded  by  Act  of 
March  A,  1872;  1871-2,  232;  Supplement  LIIL] 

To  the  County  Clerk,  four  thousand  dollars  per  annum. 

[^Clause  relating  to  salaries  of  Deputies  of  the  Twelth  and  Fourth  District, 
County  and  Probate  Courts,  superseded  by  sec.  1,  Act  of  Feb.  5,  1872;  1871-2, 
76;  Suplement  LII.     See  also  Statutes  1880,  104.  "| 

*  Now  a  Judge  of  the  Superior  Court. 

t  Additional  Intepreter  allowed  by  Act  of  March  8,  1876  ;  1876,  153. 

*^  Board  of  Supervisors  may  increase  to  $125.  See  Act  of  April  4,  1863,  168;  Supplement  X. 
And  by  Act  of  March  25,  1874 ;  187  3-4,  602 ;  the  District  Attorney  is  authorized  and  empowered  to 
appoint  one  clerk  in  addition  to  the  one  now  allowed  him  by  law,  and  at  his  pleasiwe  to  remove  him. 
who  shall  be  entitled  to  receive  a  salary  of  one  hxindred  and  fifty  dollars  a  month,  payable  as  the 
Salary  of  the  District  Attorney  is  now  made  payable  by  law. 

■"  Board  of  Supervisors  authorized  to  increase  salaries  to  $125,  by  Act  of  April  27,  1863,  763. 


THE  CONSOLIDATION  ACT.  47 

To  the  Sheriflf,  eight  thousand  dollars  per  auuum. 

To  one  Under  Sheriff,  two  hundred  dollars  per  month. 

To  three  Deputy  Sheriffs,  each  one  hundred  and  lifty  dollars  per  month. 

To  three  Deputy  Sheriffs,  each  one  hundred  and  twenty-five  dollars  per 
month. =" 

To  four  Deputies  acting  as  Jail  Keepers,  each  one  hundred  and  twenty- 
five  dollars  per  month.'' 

The  Book-keeper  of  the  Sheriff  of  the  City  and  County  of  San  Francisco 
shall  receive  a  salary  of  two  hundred  and  fifty  dollars  per  month.  [Amended 
April  i,  1870;  1869-70,  696.] 

[Clause  relating  to  salary  and  fees  of  Coroner  superseded  by  sec.  30,  Act  of 
March  16,  1872;  1871-2,  403;  Supplement  LV.-] 

To  the  Mayor,  three  thousand  dollars  per  annum. 

To  the  City  and  County  Surveyor,  five  hundred  dollars  per  annum,  which 
shall  be  in  lieu  of  all  fees  or  other  charges  for  official  services,  which  would 
otherwise  be  a  City  and  County  chari'e,  and  he  shall  charge  and  collect,  for 
services  rendered  individuals,  such  fees  as  may  be  prescribed  and  allowed 
by  the  Board  of  Supervisors. 

The  Assessor  shall  receive,  for  all  services  required  of  him  by  law,  a  salary 
at  tha  rate  of  four  thousand  dollars  per  annum,  which  salary  shall  be  in  full 
for  all  services  required  of  him,  and  for  all  contingent  expenses  of  his  office, 
except  neces.sary  books;  and  he  shall  devote  his  whole  time,  during  office 
hours,  to  the  business  of  his  office,  and  shall  keep  his  office  open  to  the  pub- 
lic during  the  same  hoars  provided  by  law  for  the  City  and  County  Ai;ditor. 
*  *  "  [  The  remainder  of  this  clause  is  repealed  by  the  Act  of 

January  25,  1870;  1869-70,  23;  Supplement  XL.y 

[Clause  relating  to  salary  of  the  Clerk  of  the  Board  of  Supervisors  superseded 
by  Sec.  2,  Act  of  April  26,  1862,  466;  Supplement  IX.  See  also  Act  of  March 
30,  1872;  1871-2,  735;  Supplement  LX,  and  Act  of  Mar.  26,  1878;  1877-8, 
556.] 

To  two  Porters,  not  to  exceed  seventy-five  dollars  each  per  month. 

To  the  Auditor,  four  thousand  dollars  per  auuum. 

To  one  Clerk  of  the  Auditor  of  said  City  and  County,  two  hundred  and 
fifty  dollars  per  month.     [Ameyided,  Act  March  4,  1870;  1869-70,  122.] 

To  the  Tax  Collector,  four  thousand  dollars  per  annum.^^         *         *         » 

'"  Board  of  Swoervisors  authorized  to  increase  their  salaries  to  .$150,  by  Act  of  April  4,  1864 , 
1863^,  502  ;  sec.  1,  sub.  15 ;  Supplement  XX. 

''  Board  of  8upervisor.s  authorized  to  allow  Sheriff  to  appoint  two  additional  deputies  to  act  as 
Jail  Keepers,  who  shall,  before  entering  upon  their  duties,  give  the  same  bonds  reiiuired  of  other 
Jail  Keepers,  and  shall  be  .subject  to  the  same  duties  and  penalties  a.s  provided  by  law,  and  who 
shall  each  receive  a  salary  not  exceeding  one  hundred  and  twenty-tive  dollars  per  month,  payable  as 
the  salaries  of  other  Deputy  Sheriffs  are  paid.  Act  of  April  1,  1872;  1871  2,  904.  The  Sheriff  allow- 
ed to  appoint  not  to  exceed  sixteen  Deputy  Jail  Keepers  at  a  salary  not  to  exceed  $125  per  month. 
Act  of  March  20,  1878;  1878,  355. 

"  Assessors  allowed  fifteen  per  cent,  on  collection  of  Poll  Taxes.    Sec.  3862  ot  Pol.  Code. 

*-  That  portion  of  this  clause  omitted  which  relates  to  deputies  and  clerks  of  Tax  Collector  is  re- 
pealed by  provisions  of  Act  March  25,  1868;  1867-8,  292;  Supplement  XXXIV. 


48  THE  CONSOLIDATION  ACT. 

He  shall  be  allowed  one  Auctioneer,  to  conduct  tai  sales,  whose  compensa- 
tion for  sales  ot  real  estate  delinquent  for  taxes,  in  any  one  year,  shall  not 
exceed  the  sum  of  two  hundred  dollars.  All  fees,  commissions,  percentages, 
and  other  compensation  of  whatever  nature  or  kind,  heretofore  allowed  by 
law,  or  which  may  hereafter  be  allowed  by  law,  as  the  compensation  of  the 
Tax  Collector  of  said  City  and  County,  for  the  collection  of  State  and  County 
taxes,  shall  be  paid  into  the  Special  Fee  Fund.  lAmended,  April  10,  186  , 
239.] 

To  the  Treasurer,  four  thousand  dollars  per  annum. 

To  one  Deputy  of  the  Treasurer  of  said  City  and  County,  two  hundred  and 
fifty  dollars  per  month,  and  to  one  additional  Deputy,  one  hundred  and 
seventy-five  dollars  per  month.  I  Amended,  by  Act  of  March  4,  1870;  1869-70 
122.] 

To  the  Oonnty  Kecorder,  four  thousand  dollars  per  annum. 

The  Chief  Deputy  of  the  Kecorder  of  the  City  and  County  of  San  Fran- 
cisco shall  receive  a  salary  of  two  hundred  and  fifty  dollars  per  month.^' 
lAmendedhy  Act  of  April  4,  1870;  1869-70,  696.] 

The  Recorder  may  also  employ  as  many  Deputy  Clerks  as  he  iuay  deem 
necessary  to  duly  perform  the  duties  of  his  ofl&ce,  and  they  shall  be  paid  at 
the  rate  of  twelve  cents  per  folio  of  one  hundred  words  for  all  matters  either 
registered  or  copied  by  them  respectively.  The  Recorder,  or  his  Chief 
Deputy,  when  any  papers  are  presented  for  registration,  or  to  be  copied, 
shall  write  on  the  margin  of  each  paper  so  presented,  the  number  of  folios 
paid  for;  and  shall  in  his  monthly  return  to  the  Treasurer,  certify  under  oath 
the  number  of  folios  copied  or  registered  by  each  one  of  said  Deputy  Clerks; 
and  such  certificate  of  the  Recorder  or  his  Chief  Deputy,  shall  be  conclugive 
evidence  to  authorize  the  Auditor  to  audit  such  certified  accounts  of  such 
Deputy  Clerks,  monthly. 

To  one  Porter,  or  Watchman,  for  the  Recorder's  office,  not  to  exceed 
seventy-five  dollars  per  month. 

To  the  Harbor  Master.  ^Office  extinct;  Act  of  March  30,  1874;  1873-4,  910; 
Supplement  LXIX.  ] 

To  the  Superintendent  of  Common  Schools,  four  thousand  dollars  per 
annum. 

{^Salary  of  the  Secretary  of  the  Board  of  Education.  Provided  for  by  sec.  2, 
Act  of  April  2,  1870,  1869-70,  670  ;  post,  iiote  68.] 

To  the  Superintendent  of  Public  Streets  and  Highways,  four  thousand 
dollars  per  annum. 


"  By  Sub  17,  Sec.  1  of  the  Act  of  April  4,  1863,  168;  Supplement  X;  the  Supervisors  are  author- 
ized to  allow  a  salary  to  an  additional  deputy  for  the  Recorder;  and  by  that  of  March  26,  1868; 
1867-8,  348;  the  Recorder  is  allowed,  "in  addition  to  the  number  of  deputies  now  provided  by  stat- 
ute, one  additional  deputy— said  additional  deputy  to  have  all  the  powers  appertaining  to  the  depu- 
ties now  provided  by  law.  The  salary  of  said  deputy  shall  be  one  hundred  and  fifty  dollars  per 
month." 


THE  CONSOLIDATION  ACT.  49 

[Clause  relaling  to  Deputies  of  the  Supirintendent  of  Streets  and  Highways, 
and  their  salaries,  superseded  hy  sec.  21,  Act  of  April  of  1,  1872  /  1871-2,  804; 
Supplement  LXIII.     Act  of  March  2,  1878;  1878,  139. 

FIRE    depaktmp;nt. 

\ Superseded  hy  the  following  Acts :  As  to  salary  of  Chief  Engineer,  hy  sec.  6, 
Actof  March^,  \8m,  Amended  Aprill,  1872;  1871-2,  855;  Supplement  XXTV, 
post:  As  to  Assistant  Engineers  and  Clerk,  by  sec.  13,  Act  of  March  30,  1874; 
1873-4,  942;  Supplement  LXX,post:  And  as  to  salaries  of  Bell  Ringers,  hy  sub, 
19,  sec.  1,  Act  of  April  4,  1864  ;  1863-4,  502  ;  Supplement  XX,  post :  Act  re- 
organizing Fire  Department,  March  28,  1878;  1877-8,  685. 

POLICE     DEPABTMENT. 

To  the  Chief  of  Police,  four  thousand  dollars  per  annum. 

To  four  Captains  of  Police,  one  hundred  and  twenty-five  dollars  per  month, 
each.^*     [Increased  to  five,  Act.  1,  1878;  1878,  879.] 

To  Policemen,  not  exceeding  forty,  the  number  to  be  determined  from 
time  to  time  by  order  of  the  Board  of  Supervisors,  one  hundred  dollars'^*  per 
month  each  ;  provided,  that  one  of  the  same  detailed  for  Clerk  in  the  olfice, 
of  Chief  of  Police,  to  be  appointed  by  him,  sljall  receive  one  hundred  and 
twenty-five  dollars  per  month. -"^  #  s  *  (Obsolete.) 

Sec.  2.  The  several  officers  named  in  this  Act,  who  are  entitled  to  charge 
and  collect  or  receive  any.  fees,  commissions,  percentages,  or  other  compen- 
sation, of  whatever  nature  or  kind,  allowed  by  law  for  services  rendered  by 
them  or  their  deputies  in  their  several  official  capacities,  or  for  the  perform- 
ance of  duties  appertaining  to  said  offices,  shall  collect  and  safely  keep  the 
same,  and  on  each  Monday  they  shall  pay  the  total  amount  by  them  received 
to  the  Treasurer  of  said  City  and  Countj',  who  shall  set  apart  the  same  as  a 
Special  Fee  Fund,  for  the  payment  of  the  respective  salaries  of  the  several 
officers  entitled  to  charge  and  collect  fees,  commissions,  or  other  compensa- 
tion. And  the  salaries  of  all  other  officers  shall  be  paid  out  of  the  General 
Fund  ;  provided,  that  the  Assessor,  so  far  as  relates  to  the  collection  of  poll 
tax,  and  the  City  and  County  Surveyor,  shall  be  exeempt  from  the  provisions 
of  this  section.  It  shall  be  and  is  hereby  made  the  duty  of  all  such  officers, 
who  are  entitled  to  charge  and  collect  or  receive  fees,  commissions,  or  other 
compensation  for  their  official  services,  to  keep  a  book  or  books,  in  which 
shall  be  entered  by  items  the  amount  received  for  all  official  services  per- 
formed by  them  or  their  deputies,  showing  the  date  and  nature  of  such  ser- 
vices, and  the  amount  received  therefor,  which  book  or  books  shall,  at  all 


^*  Board  of  Supervisors  authorized  to  increase  the  salary  o£  each  member  of  the  police  force 
twenty-five  dollars  per  month;  Act  of  April  4,  1863,  168,  sec.  1,  sub.  16  ;  Supplement  X.  post.  [In- 
crease allowed  to  400,  Act  April  1,  1878  ;  1878,  871, 


50  THE  CONSOLIDATION  ACT. 

office  honrs,  be  open  to  the  inspection  of  the  Board  of  Supervisors  or  any 
citizen;  and  each  of  said  officers  shall,  at  the  expiration  of  each  month,  make 
out  and  verify  by  oath  and  file  with  the  Auditor,  a  full  and  accurate  tran- 
script from  his  said  book  or  books,  of  the  entries  for  the  preceding  month. 

Skc.  3.  It  shall  be  the  duty  of  the  Treasurer  of  said  City  and  County  to 
receive,  receipt  for,  and  safely  keep  all  moneys  paid  over  to  him  under  the 
provisions  of  this  Act,  and  to  moke  up,  on  the  first  day  of  October,  eighteen 
hundred  and  sixty-one,  and  quarterly  thereafter,  an  accurate  statement  of 
said  Special  Fee  Fund,  showing  the  actual  condition  of  the  same  up  to  such 
time,  when,  if  any  balance  remain  in  said  fund,  after  satisfying  all  demands 
payable  out  of  the  same,  the  Treasurer  shall  transfer  such  balance  to  the 
General  Fund  ;  but  should  such  Special  Fee  Fund  be  insufficient  to  satisfy  all 
of  the  demands  payable  therefrom,  then  the  Treasurer  shall,  at  the  request 
of  the  holder,  register  such  unpaid  demands  against,  and  pay  the  same  in 
their  order  of  registration  out  of  the  General  Fund,  as  in  other  cases. 

Sec.  i.  All  demands  upon  the  treasury,  allowed  by  this  Act,  shall,  before 
they  are  authorized  to  be  paid,  be  duly  audited,  as  in  other  cases  of  demands 
lawfully  payable  out  of  the  treasury.  The  several  salaries  named  shall  be 
paybie  monthly  by  the  Treasurer,  upon  the  audit  of  the  County  Auditor,  who 
is  hereby  directed  to  audit  the  salaries  herein  provided  for. 

Sec.  5.  The  Board  of  Supervisors  may,  from  time  to  time,  authorize  the 
appointment  of  such  additional  deputies  from  any  of  the  various  City  and 
County  offices,  and  for  such  period  of  time  as  in  their  judgment  may  be  nec- 
essary for  the  proper  and  faithful  discharge  of  the  duties  of  such  office.  Dep- 
uties appointed  under  the  provisions  of  this  section  shall  receive  not  to  ex- 
ceed one  hundred  and  fifty  dollars  per  month,  each  ;  but  in  no  case  shall  the 
aggregate  pay  of  such  Deputies  exceed  three  thousand  dollars  per  annum. 

Sec.  G,  The  fees  receivable  by  the  several  officers  named  in  this  Act, 
shall  be  payable  in  advance. 

Sec.  7.     IRepealed  by  Act  of  March  24,   1868  ;  1867-8,  267;     Supplement 

xxxiii.-] 

Sec.  8.  For  a  willful  neglect,  or  refusal  to  comply  with  any  of  the  pro- 
visions of  this  Act,  by  any  officer  or  officers  herein  named,  he  or  they  shall 
be  deemed  guilty  of  felony,  and  on  conviction  thereof  in  the  Court  *  »  *^ 
be  subject  to  a  fine  not  to  exceed  five  thousand  dollars,  and  a  forfeiture  of 
office,  or  to  imprisonment  in  the  State  Prison  not  less  than  one  nor  more 
than  three  years,  or  to  both  such  fine  and  iuiprisonment  ;  provided,  that  noth- 
ing herein  shall  be  held  to  release  such  officer  from  the  obligation  to  give  the 
official  bond  required  by  law,  or  from  any  civil  responsibility  arising  from 
his  official  duties. 

Sec.  9.  All  requisitions  for  books,  blanks  and  stationery,  for  any  of  the 
officers  named  in  this  Act,  shall  be  made  by  such  officers,  respectively,  upon 


THE  CONSOLIDATION  ACT.  51 

the  Board  of  Supervisors,  stating  the  amount  and  description  thereof,  and 
that  the  same  are  essential  and  necessary  for  the  use  of  such  office,  which 
statement  shall  be  verified  by  the  oath  of  such  officer,  and  upon  their 
approval  thereof,  the  said  Board  shall  order  the  cost  of  the  same  paid  out  of 
the  Special  Fee  Fund. 

Sec.  10.     [Superseded  hi/  Act  of  March  2,  1872;  1871-2,  219. 

Sec.  11.  This  Act  shall  take  effect  on  and  after  the  first  day  of  July, 
eighteen  hundred  and  sixty-one,  at  which  time  the  Act  entitled  an  Act  con- 
cerning the  Offices  of  County  Clerk,  Sheriff  and  County  Recorder  of  the  City 
and  County  of.  San  Francisco,  approved  March  seventh,  eighteen  hundred 
and  fifty-nine,  shall  be,  and  the  same  is  hereby,  repealed.  All  Acts  and  parts 
of  Acts  in  conflict  with  the  provisions  of  this  Act,  so  far  as  they  affect  this 
Act,  are  hereby  declared  inoperative  and  void,  from  and  after  the  first  day  of 
July,  eighteen  hundred  and  sixty-one. 


SUPPLEMENT     VIII. 

1862,  98. 

Providing  for  an  Attorney  and  Counsellor  in  and  for  tJie  City 
and  County  of  San  Francisco. 

[Approved  March  25,  1862.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows. • 

Section  1.  There  shall  be  elected,  hereafter,  for  the  City  and  County  of 
San  Francisco,  by  the  qualified  electors  thereof,  on  the  third  Tuesday  of  May, 
eighteen  hundred  and  sixty-two,^®  and  every  two  years  thereafter,  one  Attor- 
ney and  Counsellor,  learned  in  the  law,  who  shall  hold  his  office  for  two 
years,  and  until  his  successor  shall  have  been  duly  elected  and  qualified,  and 
shall  be  paid,  by  said  City  and  County,  a  salary  of  five  thousand  dollars  per 
annum,  to  be  audited  and  paid  monthly,  in  the  same  manner  as  the  salary  of 
the  County  Judge  is  by  law  audited  and  paid.  Said  Attorney  and  Counsellor 
shall  perform  such  duties  as  Attorney  and  Counsellor  in  and  for  the  said 
City  and  County  as  the  Board  of  Supervisors  of  said  City  and  County  shall 
from  time  to  time  prescribe.     [Amended,  Ajiril  27,  1863,  771.] 

Sec.  2.     [Obsolete.y 

"  Time  of  election  changed    See  sec.  4109  Pol  Code. 

*   Assistant  allowed  for  street  cases  by  sec.  25  of  Act  April  1,  1872;  1872,  804. 


52  THE  CONSOLIDATION  ACT. 

Sec.  3.  All  other  Acts,  or  parts  of  Acts,  providing  for  the  appointment  of 
City  and  County  Attorney,  for  said  City  and  County  of  San  Francisco,  and 
payment  of  salary  thereof,  and  all  Acts  inconsistent  or  in  conflict  with  this 
Act,  are  hereby  repealed. 

Sec.  4.    This  Act  shall  take  effect  immediately  after  its  passage. 


SUPPLEMENT    IX, 

1862,  466. 


An  Act  to  Confer  FartJier  Poivers  vpon  the  Board  of  Supervi- 
sors of  the  City  and  County  of  San  Francisco. 

[Appoved  April  26,  1862.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.     The  Board  of  Supervisors  of  the   City  and   County  of  San 
Francisco  have  hereby  further  powers  conferred  upon  them  as  follows.^' 
First  to  Thirteenth,  iticlusive.  ^  ^  ^  *  *  * 

Fourteenth.  To  exclude,  by  order,  prostitutes  from  certain  limits,  in  the 
discretion  of  said  Board. 

Fifteenth  to  Nineteenth,  inclusive,         »*«**« 
Sec.  2.58  *  .  *  ^  «  *  «  ,  , 

Sec.  3.  Thfi  salary  of  the  Prosecuting  Attorney  of  the  Police  Court  is 
hereby  fixed  at  two  hundred  and  fifty  dollars  per  month. 

Sec.  4.     iRepealed  by  Act  of  April  4,  1870  ;  1869-70,  696.] 

Sec.  5.        *****  ^  *  *  * 

Sec.  6.  Section  sixty- nine  of  the  Consolidation  Act  is  so  amended  as  to 
read — that  all  contracts  for  subsistence  of  prisoners  must  be  given  out  annu- 
ally, at  a  fixed  price  per  day  not  exceeding  twenty-five  cents  per  diem  for 
each  person  connected  with  the  prison,  instead  of  quarterly,  as  provided. 

Sec.  7.  Said  Board  of  Supervisors  are  hereby  authorized  to  order  paid, 
out  of  the  General  Fund,  any  deficiency  that  may  occur  in  the  Street  Light 
Fund,  for  lighting  the  public  streets. 

"  The  portions  omitted  are  obsolete,  or  matters  of  private  moment,  or  are  superseded. 

"  Board  of  Supervisors  may  increase  to  $250  per  mouth ;  sub.  12,  sec.  1,  Act  of  March  30, 1872  : 
1871-2,  735 ;  Supplement  LX,  post. 


THE  CONSOLIDATION  ACT.  53 

Sec.  8.  [Amendi  sub.  5,  sec.  74,  of  the  "  Consolidation  Act,"  ante,  and  re- 
peals sub.  '22,  of  the  same  section.'] 

Sec.  9.         *  ^  -  -  *  *  *  *  * 

Sec.  10.  The  amoiints  which,  by  this  Act,  are  aiithorized  to  be  paid,  shall 
be  the  entire  amounts  to  be  paid  for  the  respective  purposes  herein  men- 
tioned, except  when  otherwise  expressly  provided  in  this  Act. 


SUPPLEMENT    X. 
1863,  168. 


An  Act  to  confer  Additional  Powers  upon  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco,  and  upon  the  Au- 
ditor and  Treasurer  thereof,  and  to  authorize  the  Appropria- 
tions or  Money  by  said  Board, 

[Approved  April  4,  1863.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  appopriate,  allow,  and 
order  paid,  the  sums  of  money,  and  to  exercise  the  powers  following  :'^ 

First  to  Third,  incliisive.  *»**»» 

Fourth.  To  allow  and  order  paid  out  of  the  General  Fund  a  sum  not  to 
exceed  three  thousand  dollars  in  any  year,  for  the  celebration,  in  said  City 
and  County,  of  the  anniversary  of  our  National  Independence. 

Fifth.     Obselete. 

Sixth. 

Seventh.  [See  sec.  8,  Supplement  XXIV,  post.  See  also  sub.  6  of  sec.  1 
of  Act  of  March  26,  1878;  1878,  556. 

Eighth  to  Twelfth  inclusive.  *-#*#■* 

Thirteenth.  To  allow  and  order  paid  out  of  the  General  Fund,  *  *  '" 
not  to  exceed  the  sum  of  six  thousand  dollars  for  any  one  year,  for  the  sup- 
port of  the  Small-pox  Hospital  of  said  City  and  County. 

Fourteenth.     To  allow  and  order  paid  out  of  the  General  Fund,*''^         *       * 


'■'  The  subdivisions  omittted  are  on  matters  of  private  interest,  or  are  absolete. 

«"  As  to  salary  of  Clerk  of  Auditor  repealed  by  Act  of  March  4,  1870 ;  1869-70,  122 ;  salary  fixed 
at  §250  per  month.  As  to  salary  of  Clerk  of  the  City  and  County  Attorney  repealed  by  Act  of 
March  4,  1872  ;  1871-2,  232  ;  Supplement  LIU,  post. 


54  THE  CONSOLIDATION  ACT. 

*  *  *  *  *  *  *  to  the  Clerk  of 

the  District  Attorney  of  said  City  and  County,  the  sum  of  one  huudi-ed  and 
twenty-five  dollars  per  mouth;  and  to  the  Clerk  of  the  Treasurer  of  said  City 
and  County,  the  sum  of  one  hundred  and  twenty-five  dollars  per  mouth. ^^     * 

Fifteenih.  *  *  *  *  ^  * 

Sixteenth.  To  increase  the  salary  of  each  member  of  the  Police  force  of 
eaid  City  and  County  twenty-five  dollars  per  mouth,  and  to  diminish  the 
same  again  at  pleasure  to  the  present  salary  of  said  Police  force  ;  which  said 
increase  of  salary,  if  made,  shall  be  paid  as  the  salaries  of  the  Police  force 
are  now  paid,  and  out  of  the  same  fund. 

Seventeenth.  To  allow  and  order  paid  out  of  the  General  Fund,  the  sum  of 
one  hundred  and  fifty  dollars  per  month,  as  a  salary  for  an  additional  deputy 
in  the  office  of  the  Eecorder  of  the  said  City  and  County. 

Eighteenth  to  Nineteenth.  «  *  *  *  *  * 

Twentieth.  ******** 

Twenty-first  to  Twenty-ninth,  inclusive.  ****** 

Sec.  2.  The  Auditor  of  said  City  and  County  is  hereby  directed  and  em- 
powered to  audit  and  allow,  as  aforesaid,  and  the  Treasurer  thereof  to  pay, 
as  aforesaid,  all  sums  of  money  that  may  be  allowed  or  ordered  to  be  paid 
under  the  provisions  hereof. 

Sec.  3.  The  amounts  which  by  this  Act  are  authorized  to  be  paid,  shall 
be  the  only  amounts,  to  be  paid  for  the  respective  purposes  for  which  they 
are  authorized  to  be  paid  under  the  provisions  hereof,  except  when  otherwise 
expressly  provided  in  this  Act,  and  excepting  an  allowance  of  two  thousand 
dollars  per  annum  heretofore  provided  by  law  for  enclosing,  improving  and 
regulating  all  public  grounds  in  said  City  and  County.  [This  latter  clause  is 
superseded  by  subsequent  statiites.] 

Sec.  4.  All  Acts  and  parts  of  Acts  inconsistent  herewith  are  hereby  re- 
pealed. 

Sec.  5.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 


^'  Superseded  as  to  salary  of  Clerk  of  the  Mayor;  Act  of  April  1,  1878,  which  fixes  same  at  $250. 
As  to  salary  of  Clerk  of  the  Board  of  Supervisors,  superseded  by  Act  of  March  26,  1878. 


THE  CONSOLIDATION  ACT. 

SUPPLEMENT    XI. 

18G3,  540. 


A)i  Act  to  confer  further  powers  upon  the  Board  of  Supervisors  of 
the  City  and  County  of  San  J^rancisco. 

[Approved   April  -^S,  1863.] 

The  People  of  the  State  of  California,  represented  in  Senate  and.  Assembly,  do 
enact  as  follows  : 

Skction  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  shall  have  power,  by  regulation  or  order  : 

First.  To  regulate  the  Police  and  Police  force  of  said  City  and  County, 
and  to  prescribe  their  powers  and  duties. 

Second.  To  authorize  and  direct  the  summary  abatement  of  nuisances;  to 
make  all  regulations  which  may  be  necessary  or  expedient  for  the  preserva- 
tion of  the  public  health  and  the  prevention  of  contagious  diseases;  to  pro- 
vide, by  regulation,  for  the  prevention  and  summary  removal  of  all  nuisances 
and  obstructions  in  the  streets,  alleys,  highways,  and  public  grounds  of  said 
City  and  County;  and  to  prevent  or  regulate  the  running  at  large  of  dogs, 
and  to  authorize  the  destruction  of  the  same  when  at  large  contrary  to  ordi- 
nances. * 

Third.  To  prohibit  and  suppress  or  exclude  from  certain  limits,  all  houses 
of  ill-fame,  prostitution  and  gaming;  to  prohibit  and  suppress,  or  exclude 
from  certain  limits,  or  to  regulate  all  occupations,  houses,  places,  pastimes, 
amusements,  exhibitions  and  practices,  which  are  against  good  morals,  con- 
trary to  public  order  and  decency,  or  dangerous  to  the  public  safety. 

Fourtli.  To  license  and  regulate  hackney  coaches,  and  other  public  pas- 
senger vehicles,  and  to  fix  the  rates  to  be  charged  for  the  transportation  of 
persons,  baggage,  and  property,  or  either,  therein;  and  to  license  and  regu- 
late all  vehicles  used  for  the  conveyance  of  merchandise,  earth  and  ballast, 
or  either  ;  and  also,  to  license  and  regulate  persons  and  parties  employed  in 
conveying  baggage,  property,  and  merchandise,  or  either,  to  and  from  any 
of  the  wharfs,  slips,  bulkheads,  or  railroad  stations  within  the  limits  of  the 
City  and  County  of  San  Francisco;^-  *  *  *  to  fix  and  establish 
the  amount  of  every  license  i^aid  into  the  City  and  County  Treasury  for  City 
and  County  purposes,  at  such  rate  as  said  Board  shall  determine,  not  exceed- 
ing the  amount  fixed  by  law  ;  and,  provided,  said  Board  shall  have  no  power 

*  The  Police  powers  of  the  Board  have  been  greatly  enlarged  by  the  State  Constitution  of  1879  • 
See  sec.  11  of  Art.  XI. 

'2  Provisions  as  to  License  Collectors  sui)erseded  by  Sec.  i.  Act  of  March  30,  1872;  1871-2,  736 
Supplement  LXI,  post.;  and  Act  of  March  23,  1S78;  ISJS,  412. 


56  THE  CONSOLIDATION  ACT. 

to  entirely  abolish  any  license  fixed  by  law,  or  to  reduce  the  proportion  of 
each  license  collected,  which  by  law  is  paid  into  the  City  and  County  Treas- 
ury for  State  purposes. 

Fifth.  To  jjrovide  for  the  summary  removal  and  disposition  of  any  or  all 
vehicles  found  during  certain  hours  of  the  day  and  night,  to  be  designated 
by  said  Board,  in  the  streets,  highways  and  public  squares  of  said  City  and 
County,  or  such  of  them  as  said  Board  may  designate;  and,  in  addition  to  all 
other  remedies,  to  provide,  by  regulation,  for  the  sale  or  other  disposition  of 
said  vehicles  so  found  in  said  streets,  highways  or  public  squares,  as  aforesaid. 

Sixth.  To  require,  by  ordinance,  all  contractors  for  street  work,  or  other 
persons  lawfully  undertaking  to  improve,  grade,  or  alter  streets  or  public 
highways  in  the  City  and  County  of  San  Francisco,  to  erect  fences  or  other 
suitable  barriers  to  protect  the  public  from  damage,  loss  or  accident,  by  reason 
of  such  grading,  alteration,  or  improvement,  and  to  determine  and  prescribe 
the  fines  and  penalties  that  shall  be  incuried  for  breach  of  such  regulations 
and  ordinances  as  may  be  passed  by  virtu'e  hereof. 

Seventh.  To  designate  one  of  their  number,  who  shall,  in  absence  of  the 
Mayor,  or  during  his  inability  from  any  cause,  perform  the  duties  required 
by  law  of  the  Mayor  of  said  City  and  County. 

Eighth  and  Ninth.^^  »  ,  ^  *  *  *  , 

Tenth.  To  provide  for  the  safe  keeping  and  disposition  of  all  lost,  stolen, 
or  unclaimed  property  of  every  kind,  which  may  be  in  the  possession  or  un- 
der the  control  of  the  Chief  of  Police  of  said  City  and  County,  or  which 
may  hereafter  come  into  the  possession  of  the  Police  of  said  City  and  County. 

Sec.  2.  Subdivisions  first,  third  and  fifteenth  of  section  seventy-four  of 
an  Act  entitled  an  Act  amendatory  of  an  Act  entitled  an  Act  to  repeal  the  sev- 
eral Charters  of  the  City  of  San  Francisco,  to  establish  the  boundaries  of 
the  City  and  County  of  San  Francisco,  and  to  consolidate  the  government 
thereof,  approved  the  nineteenth  day  of  April,  eighteen  hundred  and  fifty- 
six,  and  of  an  Act  amendatory  and  supplementary  thereof,  approved  the 
eighteenth  day  of  April,  eighteen  hundred  and  fifty-seven,  and  of  an  Act 
amendatoiy  thereof,  approved  the  twenty-eighth  day  of  March,  eighteen  hun- 
dred and  fifty-nine,  and  supplementary  to  said  Acts,  are  hereby  repealed. 

Sec.  3.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 


"  For  the  relief  of  certain  persons. 


THE  CONSOLIDATION  ACT.  57 

SUPPLEMENT    XII. 

]8G3,   5G0. 


An  Act  to  confer  further  Poiuers  upon  the  Boayxl  of  Supervisors 
of  the  City  and  County  of  San  Francisco. 

[Approved  April  25,  1863.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows  : 

Section  1.  That  the  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  shall  have  full  power  and  authority  to  provide,  by  order,  for  laying 
out,  opening,  extending,  widening,  straightening,  or  closing  up,  in  whole  or 
in  part,  any  street,  square,  lane,  or  alley,  within  the  bounds  of  said  City, 
which,  in  their  opinion,  the  piiblic  welfare  or  convenience  may  require;  to 
provide  for  ascertaining  whether  any  and  what  amount  in  value  of  damage 
will  be  caused  thereby,  and  what  amount  of  benefit  will  thereby  accrue  to  the 
owner  or  possessor  of  any  ground  or  improvements  within  said  City  and 
County,  for  which  such  owner  or  possessor  ought  to  be  compensated,  or  ought 
to  pay  a  compensation;  and  to  provide  for  assessing  and  levying,  either  gen- 
erally on  the  whole  assessable  property  within  said  City,  or  specially  on  the 
property  of  persons  benefited,  the  whole  or  any  part  of  the  damages  and 
expenses  which  they  shall  ascertain  will  be  incurred  in  locating,  opening 
extending,  widening,  straightening,  or  closing  up  the  whole  or  any  part  of 
any  street,  square,  lane,  or  alley,  in  said  City  and  County;  to  provide  for 
granting  appeals  to  the  ^County  Court  of  the  City  and  County  of  San  Fran- 
cisco, from  the  decisions  of  any  Commissioners,  or  other  persons,  appointed 
in  virtue  of  any  ordinance,  to  ascertain  the  damage  which  will  be  caused  or 
the  benefit  which  will  accrue  to  the  owners  or  possessors  of  ground  or  im- 
provements, by  locating,  opening,  extending,  widening,  straightening,  or 
closing  up,  in  whole  or  in  part,  any  street,  square,  lane,  or  alley,  within  said 
City  and  County,  and  for  securing  to  every  such  owner  and  iwssessor  the 
right,  on  application  within  a  reasonable  time,  to  have  decided  by  a  jury 
trial,  whether  any  damage  has  been  caused  or  any  benefit  has  accrued  to 
them,  and  to  what  amount;  to  provide  for  collecting  and  paying  over  the 
amount  of  compensation  adjudged  to  each  person  entitled,  and  to  enact  and 
pass  all  orders  from  time  to  time  which  shall  be  deemed  necessary  and  proper 
to  exercise  the  powers  and  efi'ect  the  objects  above  specified;  provided,  never- 
theless, that  before  the  Board  of  Supervisors  of  the  City  and  County  of  San 


'Now  Superior  t'onrt,  by  Acts  of  February  4,  1880;  1880-4;  and  Act  of  April  3,  1880;  1880,  115. 


58  THE  CONSOLIDATION  ACT. 

Francisco  proceed  to  execute  any  of  the  powers  vested  iu  them  by  this  Act, 
at  least  thirty  days'  uotice  shall  be  given  of  any  application  which  may  be 
made  for  the  passage  of  any  order,  by  advertisement  in  at  least  two  of  the 
daily  newspapers  of  the  City  and  County  of  San  Francisco  having  the  largest 
circulation;  provided,  further,  that  whenever  any  street  or  part  of  any  street 
in  the  said  City  and  County,  occupied  or  used  by  the  track  of  any  railroad 
company,  shall  require  to  be  altered  or  widened  for  the  convenience  of  public 
travel,  and  proceedings  for  the  altering  or  widening  the  same  shall  have  been 
taken  under  the  provisions  of  this  Act,  it  shall  be  lawful  for  the  Commissioners 
ajipointed  as  in  this  Act  provided,  and  whose  duty  it  may  be,  to  make  a  just 
and  equitable  assessment  of  the  whole  amount  of  costs,  damages,  and  expenses, 
of  such  altering  or  widening,  among  the  owners  of  all  the  lands  and  real  estate 
intended  to  be  benefited  thereby,  to  assess  such  portion  of  said  costs,  damages, 
and  expenses,  upon  the  corporation  or  company  owning  or  using  said  railroad 
track  as  shall  to  them  seem  equitable  and  just,  and  such  assessment  shall  be 
a  lien  upon  any  property  of  said  corporation  or  company  in  the  said  City  and 
County,  and  may  also  be  enforced  in  the  same  manner  as  the  assessment  upon 
such  owners  of  lands  and  real  estate  intended  to  be  benefited  thereby. 

Sec.  2.  That  before  any  Commissioners  appointed  by  any  order  to  be 
passed  in  virtue  of  this  Act  shall  proceed  to  the  performance  of  their  duty, 
they  shall  give  notice  in  at  least  two  of  the  daily  newspapers  published  in  the 
City  of  San  Francisco  having  the  largest  circulation,  of  the  object  of  the 
order  uuder  which  they  propose  to  act,  at  least  ten  days  before  the  time  of 
their  first  meeting  to  execute  the  same. 

Sec.  3.  That  upon  the  return  of  any  assessment  to  be  made  under  any 
ordinance  to  be  passed  in  virtue  of  this  Act,  the  Clerk  of  the  Board  of  Super- 
visors of  the  City  and  County  of  San  Francisco  shall  cause  a  copy  of  said 
assessment  to  be  published  for  ten  days,  in  at  least  two  daily  newspapers  of 
said  City  and  County  having  the  largest  circulation. 

Skc.  4.  That  the  time  within  which  any  appeal  is  to  be  made  from  any 
assessment  shall  be  computed  from  and  after  the  expiration  of  the  ten  days 
mentioned  in  the  preceding  section. 

Sec.  5.  All  the  expenses  resulting  from  locating,  opening,  extending, 
widening,  straightening,  or  closing  up,  in  whole  or  in  part,  any  street,  square, 
lane,  or  alley,  within  said  City  and  Countj'  of  San  Francisco,  shall  be  paid 
out  of  the  moneys  derived  from  the  assessanents  upon  the  propertj^  benefited 
by  such  locating,  opening,  extending,  widening,  straightening,  or  closing  up, 
in  whole  or  in  part,  any  street,  square,  lane,  or  alley,  within  said  City  and 
County ;  and  the  City  and  County  of  San  Francisco  shall  not  be  liable  for  any 
expense  caused  by  the  same. 

Sec.  6.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


THE  CONSOLIDATION  ACT.  59 

SUPPLEMENT     XIII. 

18G3,  601. 

An  Act  io  establish  and  define  the  powers  and  duties  of  the  Board 
af  Education  of  the  City  and  County  of  San  Francisco  and 
to  repeal  former  Acts  regulating  the  same,  and  to  confer  further 
powers  upon  the  Auditor  and  Treasurer  of  said  City  and 
County. 

[Approved  April  27,  1863.] 

21ie  People  of  tlie  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact   as  follows  : 

OF    THE    OEGANIZATION    Oi'    THE    BOARD. 

Section  1.  The  Board  of  Education  of  the  City  aud  County  of  San  Fran. 
Cisco  shall  consist  of  the  School  Directors  elected  for  the  several  election  dis-  _ 
tricts  of  said  City  and  County.^*  The  said  Board  shall  organize  annually, 
on  the  first  Tuesday  in  July,^''  by  electing  a  President  from  among  its  mem- 
bers, and  shall  hold  meetings  monthlj'  thereafter,  and  at  such  other  times  as 
the  Board  may  determine.  A  majority  of  all  the  members  elect  shall  consti- 
tute a  quorum  to  transact  business,  but  a  smaller  nuaiber  may  adjourn  from 
time  to  time.  The  Board  may  determine  the  rules  of  its  proceedings.  Its 
sessions  shall  be  public,  and  its  records  shall  be  open  to  public  inspection . 

OF    THE    POWEES    AND    DUTIES    OF    THE    BOAED. 

Sec.  2.  [Amended,  March  12,  18G4;  1863-4,  162.]  The  Board  of  Educa- 
tion, shall  have  sole  power: 

First. '^'^  *         ^         *         ^  -jiq  establish  School  Districts,  and  to  fix 

and  alter  the  boundaries  thereof. 

Second.  To  establish  Experimental  aud  Normal  Schools,  either  separately 
or  in  connection  with  the  State  Normal  School. 

Third.  *^«******. 

And  to  employ  aud  pay  such  mechanics  and  laborers  as  may  be  necessary  to 
carry  into  effect  the  powers  and  duties  of  the  Board;  and  to  withhold,  for 
good  and  sufficient  cause,  the  whole  or  any  part  of  the  salary  or  wages  of  any 
person  or  persons  employed  as  aforesaid, 

*'  Elected  from  the  City  and  County  at  large  without  reference  to  their  residence;  sec.  19,  Act  of 
April  1,  1872;  Supplemeut  LXIV,  post;  which  see  iu  coniiection  with  this  Act  generally. 
^^  First  Monday  after  the  1st  day  of  January.    See  sec.  4109,  Pol.  Code. 

"'  Portions  omitted  are  re-enacted  or  superseded.     See  Acts  of  April  1,  1872;  Supplement  LXIV; 
aud  April  3,  1876;  Supplement "XC. 


CO  THE  CONSOLIDATION  ACT. 

Fourth.        *  ^  *  *  *  -^  .»  *  * 

Fifth.  To  provide  for  the  School  Department  of  said  City  and  County, 
fuel,  lights,  water,  blanks,  blank  books,  books,  printing,  stationery,  and  such 
other  articles,  materials,  or  supplies  as  may  be  necessary  and  appropriate  for 
use  in  the  schools  or  in  the  office  of  the  Superintendent,  and  to  incur  inci- 
dental exjienaes  not  exceeding  twenty-live  hundred  dollars  per  annum. 

jSixth.  To  build,  alter,  repair,  rent  and  provide  school  houses,  and  furnish- 
them  with  proper  school  furniture,  apparatus,  and  school  appliances,  and  to 
insure  any  and  all  school  property. 

Seventh.  «****^** 

Eighth.  To  receive,  purchase,  lease,  and  hold  in  fee,  in  trust  for  the  City 
and  County  of  San  Francisco,  any  and  all  real  estate,  and  to  hold  in  trust 
any  personal  property  that  may  have  been  acquired,  or  may  hereafter  be  ac- 
quired, for  the  use  and  benefit  of  the  Public  Schools  of  said  City  and  County; 
provided,  the  lots  to  be  purchased  under  the  provisions  of  this  section  do  not 
exceed  ten  in  number;  and  all  conveyances  heretofore  made  to  the  said  Board 
of  Eancation  are  hereby  legalized  and  declared  valid,  and  the  property 
therein  conveyed  vested  in  said  Board  in  trust  as  aforesaid. 
.  Ninth.  \^Authorizes  sale  of  certain  lots.  Repealed  by  Sec.  3,  Act  March  30, 
1868;  1867-8,  558;  Supplement  XXZ/XJ" 

Tenth.  Superseded  by  Act  of  March  30,  1868;  1868,  558,  Sec.  1;  Supple- 
ment XXXIX. 

Eleventh.  To  sue  for  any  and  all  lots,  lands  and  property  belonging  to  or 
claimed  by  the  said  School  Department,  and  to  prosecute  and  defend  all 
actions,  at  law  or  in  equity,  necessary  to  recover  and  maintain  the  full  enjoy- 
ment and  possession  of  said  lots,  lands  and  isroperty,  and  to  employ  and  pay 
counsel  in  such  cases;  provided,  the  amount  of  fees  paid  to  such  counsel 
shall  not  exceed  one  thousand  dollars  in  any  one  year;  and  further  to  do  any 
and  all  lawful  acts  necessary  thereto. 

Twelfth.  ^  *  .  *  ^  *  *  *  ^* 

Thirteenth.     To  establis-h  regulations  for  the  just  and  equal  disbursement 

of  all  moneys  belonging  to  the  Public  School  Fund. 
Fourteenth.     *  i*  #  ^  ^  *  ->  *  * 

Fifteenth.        "^  *  '  *  *  *  *  ^  * 

Sixteenth  and  Seventeenth.       ^  »  rf  #  *  *  -i 

Eighteenth.    And,  generally,  to  do  and  perform  such  other  acts  as  may  be 

necessary  and  proper  to  carry  into  force  and  effect  the  powers  conferred  on 

said  Board. 


"  See.  7  of  "An  Act  to  provide  Funds  for  the  School  Department  of  San  Francisco,"  approved 
March  17,  1866;  1865-6,  302;  provides  as  follows:  "In  case  any  school  lots  are  hereafter  sold  in  said 
City  and  County,  at  least  one-half  of  the  proceeds  of  such  sale  shall  he  reserved  and  set  apart  for 
the  redemption  of  bonds  issued  under  this  Act  and  former  Acts,  until  all  such  bonds,  now  outstand- 
ing or  hereafter  issued  for  school  purposes  are  paid,  or  sufficient  money  received  and  set  apart  for 
their  final  redemption  and  payment." 


THE  CONSOLIDATION  ACT.  Gl 


GENERAL    PROVISIONS. 


Sec.  3.  The  President  of  the  Board  of  Education  shall  have  power  to 
administer  oaths  and  affirmations  concerning  any  demand  upon  the  treasury- 
payable  out  of  the  School  Fund,  or  other  matters  relating  to  his  official 
duties. 

Sec.  4.  At  the  last  regular  session  of  the  Board,  in  September,  Decem- 
ber, March  and  June,  of  each  year,  before  proceeding  to  other  business, 
each'  Director  shall  be  called  on  to  report  the  condition  of  the  school  or 
schools  in  hia  district,  and  the  cii-cumstances  and  wants  of  the  inhabitants 
thereof,  in  respect  to  education,  and  to  suggest  any  defect  he  may  have  noted 
and  improvement  he  would  recommend  in  the  school  regulations.  The  re- 
ports to  be  made  in  December  and  June  shall  be  in  writing. 

Sec.  5.  Before  giving  out  any  contract  or  iucurring  any  liability  to  me- 
chanics or  laborers,  or  for  expenditures  authorized  by  section  two,  subdi- 
visions three,  five,  and  six,  respectively,  to  any  amount  exceeding  two  hundred 
dollars,  the  Board  of  Education  shall  cause  notice  to  be  published  for  five 
days,  inviting  sealed  proposals  for  the  object  contemplated.  All  proposals 
ofi'ered  shall  be  delivered  to  the  Superintendent  of  Public  Schools,  and  said 
Board  shall,  in  open  session,  open,  examine,  and  publicly  declare  the  same, 
and  award  the  contract  to  the  lowest  responsible  bidder;  provided,  said  Board 
may  reject  any  and  all  bids,  should  they  deem  it  for  the  public  good,  and 
also,  the  bid  of  any  party  who  may  have  proved  delinquent  or  unfaithful  in 
any  former  contract  with  said  City  and  County  or  said  Board,  and  cause  a 
republication  of  the  notice  for  proposals  as  above  specified.  \_  Amended, 
March  12,  1864;  1863-4.  162.]. 

Sec.  6.  No  School  Director  or  Superintendent  shall  be  interested  in  any 
contract  pertaining  in  any  manner  to  the  School  Depjirtmeut  of  said  City 
and  County.  All  contracts  in  violation  of  this  section  are  declared  void,  and 
any  Director  or  Superintendent  violating  or  aiding  in  the  violation  of  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor.  * 

Secs.  7  and  8.  [Examination  of  teachers  and  granting  of  certificates.  Super- 
seded, Sees.  1787  to  1794,  inclusive,  of  the  Political  Code.'] 

OF   THE    superintendent. 

Sec,  9.  The  Superintendent  of  Public  Schools  of  the  City  and  County  of 
San  Francisco  is  hereby  declared  and  constituted  ex-officio  a  member  of  the 
Board  of  Education,  without  the  right  to  vote. 

Sec.  10.  The  said  Superintendent  is  hereby  authorized  to  appoint  a  Clerk, 
subject  to  the  approval  of  the  Board  of  Education,  who  shall  act  as  Secretary 
of  the  Board,  and  who  shall  be  paid  a  salary,  to  be  fixed  by  the  said  Board, 
not  to  exceed  the  sum  of  two  hundred  dollars  per  .month.     Amended  sec  2, 

*See  also  Sees.  1876  aud  1879  of  the  Political  Code. 


62  THE  CONSOLIDATION  ACT. 

note  68,  hchno.']  The  said  Clerk  shall  be  subject  to  removal  at  the  pleasure  of 
the  Superiatendent,  and  shall  perform  such  duties  as  may  be  required  of  him 
by  the  Board  or  the  Superintendent."^ 

Skc.  11.  The  Superinteudeut  shall  report  to  the  Board  of  Education  annu- 
ally, on  or  before  the  twentieth  day  of  June,  and  at  such  other  times  as  they 
require,  all  matters  pertaining  to  the  expenditures,  income,  and  condition 
and  progress  of  the  Public  Schools  of  said  City  and  County,  during  the  pre- 
ceding year,  with  such  recommendations  as  he  may  deem  proper. 

Sec.  12.     It  shall  be  the  duty  of  the  Superintendent  *  «  •» 

to  observe,  and  cause  to  be  observed,  such  general  rules  for  the  regulation, 
government  and  instruction  of  the  schools,  not  inconsistent  with  the  laws  of 
the  State,  as  maybe  established  by  the  Board  of  Education;  to  attend  the 
sessions  of  the  Board,  and  inform  them  at. each  session  of  the  condition  of 
the  Public  Schools,  School  Houses,  School  Funds,  and  other  matters  con- 
nected therewith,  and  to  recommend  such  measures  as  he  may  deem  neces- 
sary for  the  advancement  of  education  in  the  City  and  County.  He  shall 
acquaint  himself  with  all  the  laws,  rules  and  regulations  governing  the  Public 
Schools  in  the  said  City  and  County,  and  the  judicial  decisions  thereon,  and 
give  advice  on  subjects  connected  with  the  Public  Schools,  gratuitously,  to 
officers,  teachers,  pupils,  and  their  parents  and  guardians.* 

Sec.  13.  Any  vacancy  in  the  office  of  School  Director  shall  be  filled  by 
appointment  by  the  Superintendent,  by  and  with  the  consent  of  a  majority 
of  the  School  Directors  then  in  office;  and  such  appointees  shall  hold  office, 
respectively,  until  the  municipal  election  next  ensuing,  and  the  election  and 
qualification  of  their  successors  in  office.  But  no  such  appointment  shall  be 
valid,  unless  the  appointee  be,  at  the  time  of  his  appointment,  an  elector  of 
the  district  wherein  the  vacancy  occured.^^ 

Sec.  14.  In  case  of  a  vacancy  in  the  office  of  Superintendent,  the  Board 
of  Education  may  appoint  a  person  to  fill  the  vacancy  until  the  regular  elec- 
tion then  next  following,  when  the  office  shall  be  filled  by  election  of  the 
people. 


"  "An  Act  to  establish  and  define  the  Powers  and  Duties  of  the  Secretary  of  the  Board  of  Edu- 
cation of  the  City  and  County  of  San  Francisco,"  approved  April  2,  1870;  1869  70,  670;  provides: 

Section  1.  The  Secretary  of  the  Board  of  Education  of  said  City  and  County  of  San  Francisco 
shall  Iiave  power  to  administer  oaths  and  affirmations  concerning  any  demand  upon  the  treasury 
payable  out  of  the  School  Fund,  or  other  matters  brought  before  the  School  Department  for  investi- 
gation. 

Sec.  2.  The  said  Secretary  shall  be  paid  a  salai-y,  to  be  fixed  by  the  Board  of  Education,  not  to 
exceed  the  sum  of  two  himdred  dollars  per  month,  in  lieu  of  any  salary  now  paid,  payable  in 
the  same  manner  and  out  of  the  same  fund  as  the  Superintendent  of  Common  Schools  for  the 
City  and  County  of  San  Francisco  is  paid. 

Sec.  3.    This  Act  shall  take  effect  immediately. 

See  also  Pol.  Code,  Sees..  1542  to  1553,  inclusive 

"  See  Sec.  19,  Act  of  April  1,  1872;  Supplement  LXIV,  post. 


THE  CONSOLIDATION  ACT.  63 


OF   THK    SCHOOL    FUND. 


Sec.  15.  The  School  Fund  of  the  City  and  County  o1'  San  Francisco 
shall  consist  of  all  moneys  received  from  the  State  School  Fund;  ot  all 
moneys  aiising  from  taxes  which  shall  be  levied  annually  by  the  Board  of 
Supervisors  of  said  City  and  County  for  school  purposes;  of  all  moneys 
arising  from  the  sale,  rent  or  exchange  of  any  school  property;  and  of  such 
other  moneys  as  may,  from  any  source  whatever,  be  paid  into  said  School 
Fund;  which  fund  shall  be  kept  separate  auri  distinct  from  all  other  moneys, 
and  shall  only  be  used  for  school  purposes  under  the  provisions  of  this  Act, 
and  for  the  payment  of  tbe  interest  and  redemption  of  the  principal  of  the 
school  bonds,  according  to  law.  No  fees  or  commissions  shall  be  allowed  or 
paid  for  assessing,  collecting,  keeping  or  disbursing  any  school  moneys;  and 
if,  at  the  end  of  any  fiscal  year,  any  surplus  remains  in  the  School  Fund, 
such  surplus  money  shall  be  carried  forward  to  the  School  Fund  of  the  next 
fiscal  year,  and  shall  not  be,  for  any  purpose  whatever,  diverted  or  with- 
drawn from  said  fund,  except  under  the  provisions  of  this  Act. 

Sec.  16.  The  said  School  Fund  shall  be  used  and  applied  by  said  Board 
of  Education  for  the  following  purposes,  to  wit: 

First.  For  the  payment  of  the  salaries  or  wages  of  teachers,  janitors, 
school  census  marshals,  and  other  persons  who  may  be  employed  by  the 
said  Board. 

Second.  For  the  erection,  alteration,  repair,  rent,  and  furnishing  of 
Bchool-houses. 

Third.     For  the  expense  of  Model  and  Normal  Schools." 

Fourth.  For  the  purchase-monej' or  rent  of  any  real  or  personal  property 
purchased  or  leased  by  said  Board. 

Fifth.     For  the  insurance  of  all  school  property. 

Sixth,  For  the  payment  of  interest  dite  on  school  bonds,  and  for  the  re- 
demption of  the  same. 

Seventh.  For  the  discharge  of  all  legal  incumbrances  now  existing  on  any 
school  property. 

E'ujhtli.  For  lighting  school-  rooms  and  the  office  and  rooms  of  the  Super- 
intendent and  the  Board  of  Education. 

Nintlt.  For  supplying  the  schools  with  fuel,  water,  apparatus,  blanks, 
blank-books,  and  necessary  school  appliances,  together  with  books  for  indi- 
gent children. 

Tenth.  For  supplying  books,  printing,  and  stationery  for  the  use  of  the 
Superintendent  and  Board  of  Education,  and  for  the  incidental  expenses  of 
the  Board  and  Department. 

Eleventh.  ^.  *  *  #  *  ^  *  * 

•Mutlitiea  by  Sec.  6  of  Art.  IX  of  the  State  Constitution  of  1879. 


64  THE  CONSOLIDATION  ACT. 

Tictlfth.  For  grading,  fencing,  and  improving  school  lots,  and  for  grading, 
sewering,  planking  or  paving,  and  repairing  streets,  and  constructing  and 
repairing  sidewalks  in  front  thereof. 

Skc.  17.  All  claims  payable  out  of  the  School  Fund  (excepting  the  coupons 
for  interest  and  the  School  Bonds)  shall  be  filed  with  the  Secretary  of  the 
Board,  and  after  they  shall  have  been  appr  ived  by  a  majority  of  all  the 
members  elect  of  the  Board,  upon  a  call  of  yeas  and  nays  (which  shall  be 
recoraed),  they  shall  be  signed  by  the  President  of  the  Board  and  the  Super- 
intendent of  Public  Schools,  and  be  sent  to  the  City  and  County  Auditor. 
Every  demand  shall  have  endorsed  upon  it  a  certificate  of  its  approval  by  the 
Board,  showing  the  date  thereof  and  the  law  authorizing  the  same  by  title, 
date,  and  section.  All  demands  for  teachers'  salaries  shall  be  payable 
monthly. 

Sec.  18.  Demands  on  the  School  Fund  may  be  audited  and  approved  in 
the  usual  manner,  although  there  shall  not  at  the  time  be  money  in  the 
treasury  for  the  payment  of  the  s&uie;  provided,  that  no  demand  on  said  fund 
shall  be  paid  out  of,  or  become  a  charge  against,  the  School  Fund  of  any 
subsequent  fiscal  year  ;  and  further  provided,  that  the  entire  expenditures  of 
the  said  School  Department  for  all  purposes  shall  not  in  any  fiscal  year 
exceed  the  revenues  thereof  for  the  same  year.  * 

Sec.  19.  The  City  and  County  Auditor  shall  state,  by  indorsement  upon 
every  claim  or  demand  audited  on  the  School  Fund,  the  particular  money  or 
fund  out  of  which  the  same  is  payable,  and  that  it  is  payable  from  no  other 
source. 

Sec.  20.  Audited  bills  of  the  current  fiscal  year,  for  wages  or  salaries  of 
the  teachers  in  the  Public  Schools,  shall  be  receivable  for  school  taxes  due 
upon  real  estate. 

Skc.  21.  All  demands  authorized  by  this  Act  shall  be  audited  and  ap- 
proved in  the  usual  manner,  and  the  Auditor  and  Treasurer  of  said  City  and 
County  are  respectively  authorized  and  required  to  audit  and  paj-  the  same 
when  so  ordered  paid  and  approved  by  the  said  Board  ;  'provided,  that  the 
said  Board  shall  not  have  power  to  contract  any  debt  or  liability  in  anj'^  form 
whatsoever  against  the  said  City  and  County  in  contravention  of  this  Act. 

Sec.  22.  The  teachers  in  the  Industrial  School  in  said  City  and  County 
shall  be  exemj)t  from  the  provisions  of  this  Act. 

Sec.  23.  This  Act  shall  take  efi'ect  and  be  in  force  from  and  after  its 
passage;  and  all  laws  and  parts  of  law^s,  so  far  as  they  are  inconsistent  with 
or  a  repetition  of  the  provisions  of  this  Act,  are  hereby  repealed. 


By  Sect.  7  of  Art.  IX  of  the  Constitution,  County  Superintendents  and 
County  Boards  of  Education  have  control  of  the  examination  of  teachers  and 
the  granting  of  certificates  within  their  jurisdictions. 

*  Modified  by  Acts  of  Feb.  25,  1878  and  March  18,  1873. 


THE  CONSOLIDATION  ACT. 

SUPPLEMENT     XIV, 
1863.    730. 


An  Act  to  authorize  the  Boai-d  of  Supei^visors  of  the  City  and 
County  of  San  Fi'ancb<co  to  grant  the  rigid  to  lay  doivn  Gas 
Pij^es  in  the  Streets  of  said  City  and  County,  subject  to  certain 
restrictions  and  requirements. 

[Approved  April  27,  1863.]* 

Tlie  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Skction  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  to  grant  the  right  to  lay  down  gas  pipes  in 
and  through  the  streets  of  the  City  and  Countj'  of  San  Francisco,  and 
through  said  pipes  to  supply  gas  for  the  use  of  said  City  and  County  and  the 
inhabitants  thereof,  for  the  term  of  fifty  years,  subject  to  the  provisions  of 
this  Act. 

Sec.  2.  In  consideration  of  the  rights  thus  granted  by  said  Board  to  any 
grantees,  said  grantees,  their  associates  or  assigns,  within  ten  months,  shall 
commence  and  prosecute  the  work  in  good  faith,  and  within  two  years  from 
the  date  of  the  grant  thus  made  shall  have  erected  the  necessary  buildings 
and  apparatus  for  the  manufacture  of  at  least  fifty  thousand  cubic  feet  of  gas 
in  each  twenty-four  hours,  and  shall  have  laid  down  at  least  two  miles  of 
main  gas  pipe  through  the  public  streets  of  the  City  and  County  of  Sau  Fran- 
cisco, and  supply  gas  through  the  same;  within  four  years  from  the  date  of 
the  grant  thus  made,  the  said  grantees,  and  their  associates  and  assigns,  shall 
have  laid  down  three  additional  miles  of  street  main  pipes,  and  shall  at  all 
times  thereafter  during  the  continuance  of  the  franchise  privileges  thus  grant- 
ed, supply  gas  through  the  same  for  the  use  of  the  City  and  County  of  Sau 
Francisco  and  their  inhabitants;  provided,  that  said  grantees  shall  not  charge 
more  than  five  dollars  for  each  one  thousand  cubic  feet  of  gas. 

Sec.  3.  Said  streets  or  ways  in  which  said  pipes  may  be  laid  shall  be  placed 
in  the  same  good  order  and  condition  as  they  were  at  the  time  of  being  dis- 
turbed, at  the  cost  of  said  grantees,  associates  or  assigns,  subject  to  the  ap- 
proval of  the  Superintendent  of  Streets  and  Highways,  and  to  his  satisfac- 
tion. 


*rractically  obsolete  by  the  operation  of  Sec.  19  of  Art.  XI  of  the  State  Constitution. 
5 


66  THE  CONSOLIDATION  ACT. 

Sec.  4.  If,  under  the  privileges  granted  by  authority  of  this  Act,  any 
injury  shall  be  done  to  any  water  pipes,  gas  pipes,  sewers,  or  drains,  belong, 
ing  to  other  parties,  the  amount  of  said  injury,  including  losses  of  water  or 
gas,  shall  be  assessed  by  the  Superintendent  of  Public  Streets  and  Highways, 
and  paid  by  the  parties  causing  such  injury,  their  associates  and  assigns;  and 
the  assessment  of  said  Superintendent  of  Streets  and  Highways  shall  be  final 
and  conclusive  as  to  the  amount  of  damages  to  be  paid. 

Sec.  5.  Under  the  provisions  of  this  Act,  such  grantees  and  their  asso- 
ciates and  assigns  shall  not  erect  any  work  or  apparatus  for  the  manufacture 
of  gas  within  the  district  bounded  on  the  north  by  Francisco  street,  on  the 
west  by  Larkin  and  Ninth  streets,  and  on  the  south  by  Brannan  street;  pro- 
vided, that  nothing  in  this  Act  shall  authorize  the  grantees  herein  named,  or 
their  associates  or  assigns,  to  build  or  maintain  any  works  or  erections  which 
shall  be  a  nuisance. 

Sec.  6.  For  the  faithful  performance  of  the  terms  of  any  such  grant,  on 
the  part  of  the  grantees,  their  associates  and  assigns,  they  shall  execute, 
within  twenty  days  from  the  date  of  such  grant,  a  bond  to  the  Treasurer  of 
the  City  and  County  of  San  Francisco,  in  the  sum  of  thirty  thousand  dol- 
lars, with  two  or  more  sureties,  to  be  approved  by  the  County  Judge  of  said 
City  and  County,  and  shall  file  the  same  in  the  office  of  said  Treasurer,  and 
upon  the  forfeiture  of  said  bonds,  it  shall  be  the  duty  of  the  Attorney  of  said 
City  and  County  to  bring  an  action  for  the  amount  thereof,  and  upon  recovery 
to  have  the  amount  of  said  bond,  with  costs  of  suit,  paid  into  the  treasury  of 
said  City  and  County;  and  in  case  said  bond  shall  not  be  executed,  approved 
and  filed,  as  provided  in  this  Act,  or  in  case  of  the  non-performance  of  any 
of  the  terms  and  conditions  of  this  Act,  or  of  any  grant  made  under  this  Act, 
by  such  grantees,  and  their  associates  or  assigns,  required  to  be  performed, 
their  franchises  thus  granted  shall  utterly  cease  and  determine;  provided,  that 
no  franchise  or  privilege  shall  be  claimed  or  held  under  any  grant  made  by 
authority  of  this  Act,  unless  entirely  new  buildings  and  furnaces  for  the  man- 
ufacture of  gas  shall  be  erected,  and  new  main  gas  pipes  for  the  conveyance 
of  the  gas  shall  be  laid  down,  wholly  unconnected  with  any  gas  building  now 
staudini.',  or  gas  pipes  which  are  now  or  may  be  hereafter  laid  down  by  any 
other  gas  company,  and  unless  said  building  and  main  pipes  be  kept  and 
maintained  entirely  unconnected  with  any  gas  building  heretofore  erected, 
or  main  gas  pipes  laid  down  heretofore,  or  which  may  be  hereafter  erected 
or  laid  down  by  any  other  gas  company;  and,  provided,  that  any  violation  or 
infringement  of  the  provisions  of  this  proviso  shall  work  a  forfeiture  of  all 
rights,  franchises  and  immunities  herein  granted,  and  such  franchises,  rights 
and  immunities  shall,  ipso  facto,  cease  and  determine,  all  the  said  property 
and  rights  shall  vest  in  the  City,  and  it  shall  be  and  is  hereby  made  the  duty 
of  the  City  and  County  of  San  Francisco  to  commence  and  prosecute  pro- 
ceedings for  the  enforcement  thereof. 


THE  CONSOLIDATION  ACT.  G7 


SUPPLEMENT    XV 

18G3,  7C5. 


An  Act  to  j)rovide  for  the  Appointment  of  a  Weigher  of  Coal  in  and 
for  the  City  and  Count i/  of  San  Francisco,  California. 

[Approved  April  27,  1S63.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  to  appoint  a  Weigher  of  Coal  in  and  for  the 
City  and  County  of  San  Francisco,  who  shall  reside  in  said  place,  and  con- 
tinue in  oflQce  for  the  term  of  two  years  from  the  date  of  his  appointment, 
and  until  his  successor  is  appointed  and  qualified. 

Sec.  2.  Said  Weigher,  before  entering  upon  the  duties  of  his  office,  shall 
take  and  subscribe  the  oath  of  office,  and  give  bonds,  in  the  sum  of  ten  thou- 
sand dollars,  for  the  faithful  discharge  of  his  duties,  which  oath  shall  be 
administered  by  the  County  Judge,  and  said  bond  acknowledged  before  him 
and  approved,  or  before  some  other  competent  officer,  the  oath  and  bond  to 
be  filed  in  the  office  of  the  Auditor  of  said  City  and  County. 

Sec.  3.  When  requested  to  do  so  by  any  person  interested  in  knowing  the 
weight  of  any  coal,  it  shall  be  the  duty  of  said  Weigher  to  weigh  all  coal 
brought  to  his  scales  to  be  weighed;  and,  unless  some  other  price  be  agreed 
upon  by  said  Weigher  and  the  person  or  persons  making  such  request,  he 
may  charge  and  collect  ten  cents  per  ton  for  such  service. 

Sec.  4.  Said  Weigher  shall  have  and  maintain,  at  suitable  places,  such 
number  of  scales  as  he  may  deem  necessarj-;  but  this  Act  shall  not  be  so 
construed  as  to  enable  said  Weigher  to  create  any  liability  against  said  City 
and  County. 

Sf;c.  5,     This  Act  shall  take  effect  from  and  after  its  passage. 


68  THE  CONSOLIDATION  ACT. 

SUPPLEMENT    XVI. 

1863-4,  30. 


An  Act  to  2^rescribe  the  Jurisdiction  of  the  Police  Judge's  Court  of 
the  City  and  County  of  San  Francisco.~° 

[Approved  January  27,  1864.] 

T/ie  People  of  the  State  of  California,  represented  in  Senate  and  Assemlly,  do 
enact  as  follows: 

Section  ] .  The  Police  Judge's  Court  of  the  City  and  County  of  San 
Francisco  shall  have  jurisdiction:* 

First.  Of  an  action  or  proceeding  for  the  violation  of  any  ordinance  of 
the  City  and  County  of  San  Francisco. 

Second.     Of  proceedings  respecting  vagrants  and  disorderly  persons. 

Skc.  2.  The  said  court  shall  have  jurisdiction  of  the  following  public 
offenses,  committed  in  the  said  City  and  County: 

First.  Petit  larceny;  receiviug  stolen  property,  when  the  amount  involved 
does  not  exceed  fifty  dollars. 

Second.  Assault  and  battery,  not  charged  to  have  been  committed  upon  a 
public  officer  in  the  discbai-ge  of  his  duties,  or  with  intent  to  kill. 

Third.  Breaches  of  the  peace,  riots,  affrays,  committing  willful  injury  to 
property,  and  all  misdemeanors  punishable  by  fine  not  exceeding  one  thou- 
sand dollars,  or  by  imisrisonmeut  not  exceeding  one  yeur,  or  by  both  such 
fine  and  imprisonment. 

Fourth.  Said  Court  or  Judge  shall  have  jurisdiction  of  proceedings  for 
security  to  keep  the  peace;  and  also,  throughout  said  City  and  County,  the 
same  powers  and  jurisdiction  in  other  criminal  actions,  cases,  and  proceed- 
ings as  are  now  or  hereafter  may  be  conferred  by  law  upon  Justices  of  the 
Peace  or  Justices'  Courts. 

The  Justices  of  the  Peace  within  the  limits  of  the  City  and  County  of  San 
Francisco  shall  not  have  power  to  try  and  decide  any  cases  of  the  classes 
mentioned  in  this  section,     [_Amended,  Feb.  13,  1872;  1871-2,  84."] 

Sec.  3.  The  Judge  of  said  Couit  shall  also  have  power  to  hear  cases  for 
examination,  and  may  commit  and  hold  the  offender  to  bail  for  trial  in  the 


'"  By  Sec.  2544,  Political  Code,  as  amended  Feb.  28,  1S86,  the  Police  Judge's  Court  is  given  juris- 
diction of  misdemeanors  arising  under  tlie  Article  concerning  State  Harbor  Commissioners. 

"  Sec.  2  of  the  Act  of  Feb.  13,  1872;  1871-2,  84;  provides  that:  "  The  said  Judge  may  punish  con- 
tempts in  the  same  manner  and  to  the  same  extent  as  District  Judges;  and  the  laws  concerning 
contempts  applicable  to  District  Courts  and  Judges,  shall  be  applicable  to  said  Police  Court  and 
Judge." 


THE  CONSOLIDATION  ACT.  69 

proper  court,  and  may  try,  condemn,  or  acquit,  and  carry  his  judgment  into 
execution,  as  the  case  may  require  according  to  law,  and  shall  have  power  to 
issue  warrants  of  arrest,  subpa;nas,  and  all  other  process  necessary  to  the  full 
and  proper  exercise  of  his  power  and  jurisdiction.  All  lines  imposed  by  the 
Police  Judge  not  exceeding  twenty  dollars,  exclusive  of  costs,  shall  be  final 
and  without  appeal." 

Sec.  4.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage 


SUPPLEMENT    XVII 
1863-4,    195. 


An    Act   to   re- district  the  City   and    County  of  San  Francisco. 

lApproved  March  21,  1864. J 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly 
do  enact  as  follows: 

Section  1.     The  lines  and  boundaries  of  the  different  election  districts"^ 
in  the  City  and  County  of  San  Francisco  are  hereby  fixed  and  defined  as      .     , 
follows: 

The  First  District  shall  be  bounded  by  Washington  street  on  the  south, 
Kearny  street  on  the  west,  and  the  bay  of  San  Francisco  on  the  north  and 
east. 

The  Second  District  shall  be  bounded  by  Kearny  street  on  the  east,  Vallejo        ^ 
street  on  the  south,  Larkin  street  on  the  west,  and  the  Bay  of  San  Francisco 
on  the  north. 

The  Third  District  shall  be  bounded  by  Washington  street  on  the  north,      v 
Kearny  street  on  the  west,  California  street  on  the  south,  MiA  Market  street 
and  the  Bay  of  San  Francisco  on  the  east. 


*See  also  Pol.  Code,  sees.  4424  to  4432,  inclusive. 

Extended  to  Police  Court  No.  2  by  Act  of  March  7,  1881. 

'"  Changed  to  Wards  by  Act  of  April  2,  1866;  1865-6,  718;  Supplement  XXIX. 


70  THE  CONSOLIDATION  ACT. 

The  Fourth  District  shall  be  bounded  by  Vallejo  street  on  the  north,  Kearny 
street  on  the  east,  Washington  street  on  the  south,  and  Larkin  street  on  the 
west. 

The  Fifth  District  shall  be  bounded  by  California  street  on  the  north, 
Kearny  street  on  the  west,  and  Market  street  on  the  south  and  eaf.t. 

The  Sixth  Dibtrict  shall  be  bounded  by  Kearny  street  on  the  east.  Pine 
street  on  the  soi;th,  Larkin  street  on  the  west,  and  Washington  street  on  the 
north. 

The  Seventh  District  shall  be  bounded  by  Harrison  street  on  the  south. 
Second  street  on  the  west,  Market  street  on  the  north,  and  the  Bay  of  San 
Francisco  on  the  east. 

The  Eighth  District  shall  be  bounded  by  Kearny  street  on  the  east.  Market 
street  on  the  south,  Larkin  street  on  the  west,  and  Pine  street  on  the  north. 

The  Ninth  District  shall  be  bounded  by  Harrison  street  on  the  north, 
Seventh  street  on  the  west,  and  the  Bay  of  San  Francisco  on  the  south  and 
east. 

The  Tenth  District  shall  be  bounded  by  Market  street  on  the  north.  Seventh 
street  on  the  west,  Harrison  street  on  the  south,  and  Second  street  on  the 
east. 

The  Eleventh  District  shall  be  bounded  by  Seventh  [street]  on  the  east,  by 
Market  street  and  Ridley  street  in  a  direct  line  to  the  Pacific  ocean  on  the 
north,  by  the  Pacific  Ocean  on  the  west,  and  by  the  line  of  San  Mateo 
County  and  the  Bay  of  San  Francisco  to  the  line  of  Seventh  street,  on  the 
south  and  east. 

The  Twelfth  District  shall  be  bounded  by  Larkin  street  on  the  east,  by 
Market  btreet  and  Eidley  street  in  a  direct  line  to  the  Pacific  Ocean  on  the 
south,  and  by  the  Pacific  Ocean  and  the  Bay  of  San  Francisco  on  the  west 
and  north. 

Sec.  2.  All  the  Islands  in  the  Bay  of  San  Francisco  or  in  the  Pacific 
Ocean,  within  the  limits  of  said  City  and  County,  shall  for  all  election  pur- 
poses, be  included  in  the  First  District. 

Secs.  3  and  4.     [Obsolete.^ 

Sec.  5.  All  Acts  and  parts  of  Acts  in  conflict  with  the  provisions  of  this 
Act  are  hereby  repealed. 

Sec.  6.  This  Act  shall  take  eftect  and  be  in  force  from  and  after  its 
passage. 


*See  also  sec.  1466,  Penal  Code. 


THE  CONSOLIDATION  ACT.  71 

SUPPLEMENT     XVIII. 
1863-4,   44G. 


An  Act  to  establish  Police  Regulations  for  the  Harbor  of  the  City 
and  County  of  San  Francisco,  axd  to  authorize  and  empower 
the   Board  of  Supervisors  to  regulale  the  same. 

[Approved  April    4,  1804.) 

"X  he  People  of  tlie  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  ] .  No  persou  shall  board  or  attempt  to  board  any  vessel  arriving 
in  the  harbor  of  the  City  and  County  of  San  Francisco,  before  said  vessel  has 
been  made  fast  to  the  wharf,  without  obtaining  leave  from  the  Master  or 
person  having  charge  of  said  vessel,  or  permission,  in  writing,  from  the 
owner  or  owners,  or  the  agent  thereof,  or  having  boarded  said  vessel,  shall 
shall  refuse  or  neglect  to  leave  the  same  upon  request  of  the  Master  or  other 
person  in  charge  thereof,  under  the  penalty  prescribed  in  the  next  succeed- 
ing section  of  this  Act  .'•'' 

Sec.  2.  Any  person  violating  section  one  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before  the  Police 
Judge's  Court  of  said  City  and  County,  shall  be  punished  for  each  ofifence 
by  a  fine  not  exceeding  one  hvindred  dollars,  or  imprisonment  in  the  Couaty 
Jail  of  the  City  and  County  of  San  Francisco  for  a  term  not  exceeding  fifty 
days,  or  both,  in  the  discretion  of  the  Judge  of  said  Police  Judge's  Court, 
which  Court  shall  have  jurisdiction  in  such  cases. 

Sec.  3.  The  provisions  of  the  last  two  foregoing  sections  shall  not  apply 
to  any  Pilot  or  public  officer  visiting  a  vessel  in  discharge  of  his  duty. 

Sec  .  4.  No  person  shall  entice  or  persuade  nor  attempt  to  entice  or  per- 
suade any  member  of  the  crew  of  any  vessel  arriving  in  said  harbor,  or  any 
vessel  in  said  harbor,  to  leave  or  desert  said  vessel  before  the  exi^iration  of 
his  term  of  service  in  such  vessel.     Any  person  guilty  of  so  doing  shall  be 


'"  By  Sec.  2459  of  the  Political  Code,  every  pilot  in  charge  of  a  vessel  arriving  iu  the  port  or  har- 
bor of  San  Francisco  *  *  must  prevent  all  persons  (except  officers  of  the  State  or  Federal  Gov- 
ernments, owners  or  consignees  of  the  vessel  or  cargo,  and  persons  admitted  on  the  express  order  of 
tlie  Master)  from  boarding  such  vessel  until  she  has  been  safely  moored.  To  enforce  the  i)rovisious 
of  this  section,  and  other  police  regulations  for  the  harbor,  every  pilot  in  charge  of  a  vessel  enter- 
ing the  harbor  of  San  Francisco  is  authorized  and  empowered  to  arrest  every  one  who,  in  opposition 
to  the  Master's  orders,  persists  in  boarding  such  vessel,  or  who,  having  boarded  her,  refuses  to  leave 
on  the  command  of  such  Master,  or  pilot;  when  so  arrested,  he  must  be  iunnediately  brought  before 
the  Police  Judge's  Court,  or  admitted  to  bail,  as  provided  in  the  Penal  Code. 


72  THE  CONSOLIDATION  ACT. 

deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  sub- 
ject to  the  penalty  prescribed  in  section  two  of  this  Act. 

Sec.  5.     No  person  shall  knowingly  and  willfully  persuade  or  aid  any 

person  who  shall  have  shipped  on  any  vessel  for  a  voyage  from  said  port, 

and  received  any  advance  wages  therefor,  to  desert  or  willfully  neglect   to 

proceed  on  such  voyage.     Any  person  guilty  of  so  doing  shall  be  deemed 

guilty  of  a  misdemeanor,  and  upon  conviction   thereof   before  the  Police 

Judge's  Court  of  said  City  and  County  shall  be  punished  for  each  offence  by 

a  fine  not  exceeding  one  hundred  dollars,  or  imprisonment  in  the  County 

Jail  of  the  City  and  County  of  San  Francisco  for  a  term  not  exceeding  fifty 

days,  or  both,  in  the  discretion  of  the  Judge  of  said  Police  Judge's  Court, 

which  Court  shall  have  jurisdiction  in  such  eases, 

t 

Sec.  G.  Any  person  oflfending  against  any  provision  of  this  Act  may  be 
arrested,  with  or  without  warrant,  as  provided  in  other  cases  of  misdemeanor,' 
by  any  officer  qualified  to  serve  criminal  process  in  the  said  City  and  County 
of  San  Francisco;  provided,  the  person  so  arrested  shall  be  forthwith  brought 
before  said  Police  Judge's  Court  or  admitted  to  bail,  as  in  other  cases  of 
misdemeanor  committed  in  said  City  and  County  of  San  Francisco. 

Sec.  7.  The  word  "  Harbor,"  as  used  in  this  Act,  shall  be  held  to  mean 
and  include  all  the  waters  of  the  Bay  of  San  Francisco  within  the  limits  of 
the  said  City  and  County  of  San  Francisco;  and  the  word  "  vessel  "  as  used 
in  this  Act,  shall  be  held  to  mean  and  include  all  vessels  propelled  by  steam 
or  sails  plying  or  bound  on  a  voyage  between  the  said  port  of  San  Francisco 
and  any  other  port  in  this  State,  or  other  State  of  the  United  States,  or  in 
any  foreign  country. 

Sec.  8.  The  Board  of  Supervisors  of  said  City  and  County  of  San  Fran- 
cisco shali  cause  this  Act  to  be  printed  in  cheap  pamphlet  form,  and  it  shall 
be  the  duty  of  each  and  every  Branch  Pilot  of  the  Port  of  San  Francisco  to 
obtain  from  the  Clerk  of  the  Board  of  Supervisors  of  said  City  and  County 
u  reasonable  supply  of  said  pamphlets,  and  to  deliver  one  copy  of  the  same 
to  the  Master  or  person  in  charge  of  each  and  every  vessel  boarded  by  him 
as  a  Pilot,  whether  the  said  Pilot  is  employed  to  bring  such  vessel  into  said 
port  or  not. 

Sec.  9.  Any  Branch  Pilot  refusing  or  neglecting  to  perform  the  require- 
ments set  forth  in  the  last  preceding  section  shall  be  deemed  guilty  of  .a  mis- 
demeanor, and  shall,  upon  conviction  thereof  before  the  Police  Judge's  Court 
of  said  City  and  County  be  fined  in  the  sum  of  ten  dollars,  or  be  imprisoned 
in  the  County  Jail  for  the  term  of  twenty-five  days,  or  both,  in  the  discre- 
tion of  the  Judge  of  said  Police  Judge's  Court,  which  said  Court  is  hereby 
given  jurisdiction  in  such  cases. 


THE  CONSOLIDATION  ACT.  73 


SUPPLEMENT  XIX. 
1863-4,  Hi. 

An  Act  to  authorize  the  Sheriff  of  San  Francisco  County  to  appoint 
a  Matron  for  the  County  Jail,  and  other  matters  relating 
thereto. 

[Approved  April  4,  1864.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly 
do  enact  as  follows  : 

Section  1.  The  Sheriff  of  the  County  of  San  Francisco  is  hereby  author- 
ized and  empowered  to  appoint  a  Matron  and  Assistant  Matron  for  the 
County  Jail  of  said  County,  who  shall  have  charge  of  the  Female  Depart- 
ment of  said  Jail,  under  such  regulations  as  said  Sheriff  may  deem  requisite, 
not  inconsistent  with  the  laws  of  this  State  regulating  the  management  of 
said  Jail.  Said  Matron  and  Assistant  Matron  so  appointed,  before  entering 
upon  their  duties,  shall  give  the  same  bonds  and  be  subject  to  the  same 
penalties  as  are  required  of  Deputy  Sheriffs  or  Jail  Keepers,  conditioned  for 
the  faithful  performance  of  their  duties  as  required  by  law. 

Sec.  2.  The  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco, if  they  deem  such  Matrons  necessary  for  the  public  good,  shall  order 
paid  out  of  the  General  Fund  of  the  City  and  County  of  San  Francisco,  as 
compensation  for  the  services  of  said  Matron  and  Assistant  Matron,  a  sum 
not  exceeding  one  hundred  dollars  per  month,  to  be  divided  between  such 
Matron  and  Assistant  as  said  Board  of  Supervisors  may  direct,  which  shall 
be  in  full  for  such  services. 

Sec.  3.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


7d  THE  CONSOLIDATION  ACT. 

SUPPLEMENT     XX. 

1863-4,  502. 


An  Act  to  confer  additional  powers  upon  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco,  and  upon  the  Au- 
ditor and  Treasu7-er  thereof,  and  to  authorize  the  appropriations 
of  Money  by  said  Board. 

[Approved  April  4,  1864.1 

The  People  of  the  State  of  California,  represented  in  Senwe  and  Assembly,  do 

enact  as  follows: 

Section  1.     The  Board  of  Supervisors  of  the   City   and   County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  approjiriate,  allow,  and 
order  paid  the  sums  of  money,  and  to  exercise  the  powers,  following:'* 
First  to  Fourth.        *****  ^^  *  r^ 

Fifth.  To  allow  and  order  paid  from  the  General  Fund  a  sum  not  to 
exceed  five  hundred  dollars  per  annum,  for  deficiency  in  salary  of  the  Pound- 
keeper  in  said  City  and  County. 

Sixth  and  Seventh.  ^  *  ***** 

Eighth.     To  allow  and  order  paid  out  of  the  General  Fund,  to  the  ClerK  of 
the  Mayor  of  said  City  and  County,  the  sum  of  one  hundred  and  fifty  dol- 
lars per  month,  in  lieu  of  the  present  salary  allowed  by  law  to  said  Clerk.* 
Ninth''-'  and  Tenth.  ******* 

Eleventh.  To  increase  the  Police  force  of  said  City  and  County,  as  from 
time  to  time  may  be  deemed  necessary  by  the  said  Board  of  Supervisors,  to 
not  exceed  one  hundred  members,  '^  including  the  number  now  allowed  by 
law,  a  portion  of  which  increase  may  constitute  a  Harbor  Police  in  and  for 
the  said  City  and  County,  and  to  allow  and  order  paid  out  of  the  General 
Fund  the  salaries  of  said  additional  Police  force,  not  to  exceed  the  sum  of 
one  hundred  and  twenty-five  dollars  per  month,  or  any  less  sum  which  they 
may  deem  proper  for  each  member  of  said  additional  PoUce  foi'ce. 

TiuelftJi.  To  authorise  and  empower  the  Police  Commissioners  of  said 
City  and  County  to  appoint  and  to  regulate  local  Policemen,  whenever  in 
their  judgment  the  necessities  of  said  City  and  County  require  it;  provided, 
that  no  money  shall  be  paid  out  of  the  treasury  of  the  said  City  and  County 
to  said  local  Policemen.  [Appointment  of  Special  Police  modified  by  Act 
of  April  1,  1878.] 

'*  The  subdivisions  omitted  relate  to  matters  of  private  concern,  or  the  subject  matter  has  beeu 
executed. 

'^  Relates  to  City  aud  County  Hospital  buildings.     Obsolete. 
""  May  be  increased  to  four  hundred  members.     Act  of  April  1,  187S. 
*  Increased  to  .'^250  by  Act  of  Apr.  1,  1878;   1877-8,  1023. 


THE  CONSOLIDATION  ACT.  75 

ThirteenUi.  To  appoint  au  adJitional  Assistant  Porter  for  the  City  Hall 
of  said  City  and  County,  after  the  same  shall  be  enlarged,  and  to  allow  and 
order  paid  out  of  the  General  Fund  a  salary  to  him  not  exceeding  the  sum  of 
seventy-five  dollars  per  month. 

Fourteenth.  To  allow  and  order  paid  out  of  the  General  Fund,  to  the 
Porter  of  the  City  Hull  of  said  City  and  Coanty,  a  sum  not  to  exceed  ninety 
dollars  per  month,  in  lieu  of  the  salary  now  allowed  to  him  by  law. 

Fifteenth.  To  allow  and  order  paid  out  of  the  General  Fund  in  lieu  of 
their  present  salary,  the  sum  of  one  hundred  and  fifty  dollars  per  month  to 
three  Deputies  of  the  Sheriff  of  said  City  and  County,  which  Deputies  now 
receive  one  hundred  and  twenty-five  dollars  per  month. 

Sixteentli  and  Seventeenth.  >*  *  *  ■»  *?  )^ 

Eiyhteenth.     \_Profides  for  a  Fire  and  Alarm  Telegraph.     Executed.  J 

Nineteenth.     To  appoint,  when  deemed  necessary  by  said  Board  during 

the  erection  or  upon  the  completion  of  said  system  of  fire  alarm  and  police 

telegraphs,   one   Superintendent  for  said  telegraphs,    and  three  Assistants 

therefor,  in   lieu  of  the  Bell  Kiugers  now  employed  for  the  watch  tower  of 

the  City  Hull  of  said  City  and  County;  and  to  allow  and  order  paid  out  of  the 

General  Fund,  when  by  said  Board  deemed  necessary,  one  hundred  and  fifty 

dollars  per  month,  as  salary  to  said  Superintendent,     and  to  allow  and  order 

paid  in  the  same  manner  and  out  of  the  same  fund''  as  now  providt^d  for  by 

law  for  jaayment  of  the  aforesaid  Bell  Bingers,  a  sum  not  to  exceed  one 

hundred  dollars  per  month  each  to  said  Assistants  as  salary.'^  "  " 

Twentieth  to  Twenty-fourth,  inclusive.  *  *  *  *  * 

Twenty-fifth.  ^  ,  *  *  «  *  * 

Twenry-sixth .     To  allow  and  order  paid  out  of  the  General  Fund  a  sum  not 

to  exceed  three  hundred  dollars  per  annum,  for  medical  attendance  upon  the 

inmates  of  the  Industrial  School  in  said  City  and  County. 

Twenty-seventh.  *******  * 

Twenty-eighth.  To  allow  and  order  paid  to  the  Interpreter  of  the  German 
language  for  the  Police  and  County  Courts,  to  be  appointed  by  the  County 
Judge, t  Police  Judge,  and  President  of  the  Board  of  Supervisors,  one  hun- 
dred and  twenty- five  dollars  per  month,  to  be  paid  from  the  General  Fund. 
Skc.  2.  The  Auditor  of  said  City  and  County  is  hereby  directed  and  em- 
powered to  audit  and  allow  as  aforesaid,  and  the  Treasurer  thereof  to  pay  as 
aforesaid,  all  sums  of  money  that  may  be  allowed  or  ordered  to  be  paid  under 
the  provisions  hereof. 

Sec.  3.  The  amounts  which  by  this  Act  are  authorized  to  be  paid,  shall  be 
the  only  amounts  to  be  paid  for  the  respective  purposes  for  which  they  are 
authorized  to  be  paid  under   the  provisions  hereof,  excej)t  when  otlierwise 

"  General  Fun,d.     See  Act  of  May  17,  1861, 554,  sec.  2;  Supplement  VII. 

"  Three  "operators"  allowed,  at  salary  of  .^125  per  month  each,  by  sub.  2,  sec.  1,  Act  March  U, 
1868;  1867  8,  160;  .Supplement  XXX. 

*  Salary  of  Superintendent  now  fixed  by  Sepeivifors.     Act  of  March  26,  1878:  1877-8,    557, 
t  The  duties  now  devolve  on  a  Judge  of  the  Superior  Court. 


7(5  THE  CONSOLIDATION  ACT. 

expressly  provided  in  this  Act,  and  excepting  an  allowance  of  two  thousand 
dollars  per  annnm  heretofore  provided  by  law  for  inclosing,  improving  and 
regulating  all  iniblic  grounds  in  said  City  and  County.  And  said  Board  of 
Supervisors  is  hereby  aiithorized  and  empowered  to  direct  and  have  executed 
the  work,  building,  services  and  improvements  hereinbefore  mentioned  and 
provided  to  be  paid  for. 

Sec.  4.  All  Acts  and  parts  of  Acts  inconsistent  herewith  arc  hereby  re- 
pealed. 

Sec.  5.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


SUPPLEMENT     XXI, 
18G5-6,  1. 


Ait  Act  respecting  the  Police  Court  of  the  City  and  County  of  San 

Francisco. 

[Approved  December  9,  JS65.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  Any  Justice  of  the  Peace  of  the  City  and  County  of  San  Fran- 
cisco, who  may' be  designated  in  writing  by  the  Mayor  or  President  of  the 
Board  of  Supervisors  for  the  purpose,  shall  have  power  to  preside  in  and 
hold  the  Police  Judge's  Court  of  said  City  and  County,  in  case  of  the  tem- 
porary absence  of  the  Police  Judge,  or  his  inability  to  act  from  any  cause ;  and 
during  such  temporary  absence  or  disability,  the  Justice  so  designated  shall 
act  as  Police  Judge,  and  shall  have  and  exercise  all  the  powers,  jurisdiction, 
and  authority  which  are  or  may  be  by  law  conferred  upon  said  Court  or 
Judge. 

Sec.  2.  In  case  of  a  vacancy  in  the  office  of  Police  Judge,  the  Board  of 
Supervisors  of  said  City  and  County  shall  have  power  to  appoint  some  suit- 
able person,  who  is  a  resident  and  legal  voter  thereof,  to  fill  the  vacancy,  who 
shall  take  the  constitutional  oath  of  office  and  enter  upon  his  duties  imme- 
diately. The  person  so  appointed  shall  hold  office  until  a  Police  Judge  shall 
be  elecffed  at  the  next  judicial  election,  and  qualified  according  to  law. 

Sec.  3.  All  laws,  so  far  as  they  conflict  with  the  provisions  of  this  Act , 
are  hereby  repealed. 

Sec.  4.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 


THE  CONSOLIDATION  ACT.  77 

SUPPLEMENT     XXII. 
1865-C,    79. 


An  Act  to  provide  for  the  Prevention  of  Confagraiions  and  the 
Protection  of  Projyerfy  saved  from  Fire  in  the  City  and  County 
of  San  Francisco. 

[Approved  February  14,  1S66.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  It  shall  be  lawful  for  the  association  known  as  the  Board  of 
Fire  Underwriters,  in  the  City  and  County  of  San  Francisco,  to  nominate, 
and,  with  the  approval  of  the  Board  of  Police  Commissioners,  to  appoint, 
a  pul)lic  officer  to  be  known  as  the  Fire  Marshal,  who  shall  hold  his  office 
during  the  pleasure  of  the  said  Board  of  Fire  Underwriters.  Before  entering 
upon  the  duties  of  his  office,  he  shall  take  and  subscribe  the  oath  of  office 
before  the  County  Judge,  and  execute  a  bond  to  the  State  of  California  in 
the  sum  of  five  thousand  dollars,  conditional  for  the  faithful  discharge  of  his 
duties,  with  two  sureties,  to  be  approved  by  the  County  Judge;  and  his 
salary  shall  be  fixed  from  time  to  time  and  paid  by  said  Board  of  Under- 
writers. Any  person  aggrieved  by  any  misconduct  of  said  officer  or  of  his 
deputy,  hereinafter  provided  for,  may  bring  an  action  in  his  own  name  on 
such  official  bond  to  recover  any  damages  sustained  by  him.  Said  bond  shall 
be  deposited  with  the  County  Clerk  of  said  City  and  County,  subject  to  the 
order  of  the  County  Judge.  And  in  case  of  the  sickness,  absence,  or  inabil- 
ity of  the  said  Fire  Marshal,  the  said  Fire  Marshal,  with  the  consent  of  said 
Board  of  Underwriters  and  Police  Commissioners,  is  hereby  authorized  and 
empowered  to  appoint  any  competent  person  to  act  for  and  in  his  stead  during 
such  sickness,  absence,  or  inability;  and  such  person  so  appointed  shall  have 
all  the  powers  and  authority  conferred  by  this  Act  upon  said  Fire  Marshal. 
\_ Amended,  March  2-i,  1868;  1867-8,  280.] 

Sec.  2.  It  shall  be  the  duty  of  said  officer  to  attend  at  all  fires  that  may 
occur  in  said  City  and  County,  with  a  badge  of  office  conspicuously  dis- 
played, upon  which  his  official  title  shall  be  legibly  printed;  and  he  shall 
take  charge  of  and  in'otect  all  property  of  every  kind  and  description,  during 
such  fires,  which  may  be  imperiled  thereby,  and  safely  keep  the  same  in  his 
possession  or  under  his  control,  until  satisfactory  proof  of  ownership  be 
made  thereto,  and  shall,  as  far  as  practicable,  prevent  property  from  being 
injured  at  such  fire,  and  regulate  and  direct,  when  in  his  opinion  it  is  neces- 
sary or  expedient,  the  removal  of  goods,  merchandise,  and  other  property,  to 
a  place  of  safety.     He  shall  and  is  hereby  authorized  and  empowered  to  ex- 


78  THE  GONSOLIDATIOX  ACT. 

ercise  the  functions  of  a  poico  officer  of  said  City  and  County.  Any  person 
or  persons  who  shall  willfully  hinder  or  obstruct  said  officer  in  the  lawful 
discharge  or  performance  of  any  of  the  duties  of  his  office,  shall  be  deemed 
giiilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  im- 
prisonment in  the  County  Jail  for  not  more  than  three  months,  or  by  a  fine 
not  exceeding  five  hundred  dollars;  provided,  hoicever,  that  nothing  herein 
contained  shall  be  so  construed  as  to  authorize  said  Fire  Marshal  to  interfere 
in  any  manner  with  the  proper  discharge  of  the  lawful  duties  and  authority 
of  the  Chief  and  Assistant  Engineers  of  the  Fire  Department  of  said  City 
and  County. 

Sec.  3.  It  shall  be  the  duty  of  the  Fire  Marshal  to  institute  investiga- 
tions into  the  causes  of  such  fires  as  occur  in  said  City  and  County,  and  for 
this  purpose  he  shall  have  power  to  issue  subpoenas  and  administer  oaths, 
and  compel  the  attendance  of  witnesses  before  him,  by  attachment  or  other- 
wise. All  subpcBnas  issued  by  him  shall  be  in  such  form  as  he  maj  prescribe, 
and  shall  be  directed  to  and  served  by  any  police  officer  or  by  any  peace 
officer  of  said  City  and  County.  Any  witness  who  refuses  to  attend  or  testify, 
in  obedence  to  such  subpoena,  shall  be  deemed  guilty  of  contempt,  and  be 
punishable  by  him  as  in  cases  of  contempt  in  Jastiees'  Courts  in  civil  cases;  ^ 
provided,  that  said  offieer  shall  not  have  jurisdiction  to  try  any  person 
charged  with  commission  of  a  crime  for  the  purpose  of  inflicting  punishment 
therefor,  but  shall  make  a  written  report  of  the  testimony  to  the  District 
Attorney  or  Assistant  District  Attorney,  and  institute  criminal  prosecutions 
in  all  cases  in  which  there  appears  to  him  to  be  reasonable  and  probable 
cause  for  believing  that  a  fire  has  been  caused  by  design. 

Sec.  4.  It  shall  be  the  duty  of  said  Fire  Marshal  to  aid  in  the  enforce- 
ment of  the  fire  ordinances  of  said  City  and  County,  and  for  this  purpose  he 
is  duly  authorized  to  visit  and  examine  all  buildings  in  process  of  erection 
or  undergoing  repairs,  and  to  institute  prosecution  for  all  violations  of  the 
ordinances  of  said  City  and  County  which  relate  to  the  erection,  alterations, 
or  repairs  of  buildings,  and  the  prevention  of  fires.  He  shall  exercise  such 
additional  powers  as  may  be  conferred  upon  him  by  the  ordinances  of  said 
City  and  County,  to  enable  him  fully  to  carry  out  the  object  and  purposes  of 
this  Act  and  the  prevention  of  fires. 

Seo.  5.  Any  person  who  saves  from  fire,  or  from  a  building  endangered 
by  fire,  any  property,  and  who  willfully  neglects  for  two  days  to  give  notice 
to  the  Fire  Marshal,  or  to  the  owner  of  such  property,  of  his  jDossession 
thereof,  shall  be  deemed  guilty  of  grand  or  petit  larceny,  as  the  case  may  be, 
according  to  the  value  of  said  property;  and  any  person  who  shall  be  guilty 
of  false  swearing  in  any  investigation  under  this  Act,  shall  be  deemed  guilty 
of  perjury,  and  upon  conviction  thereof  shall  be  punished  therefor  as  in 
other  cases  of  perjury. 

Sec.  6.  No  person  shall  be  entitled  to  any  property  in  the  hands  of  the 
Fire  Marshal,  saved  from  fire,  until  satisfactory  proof  of  ownership  be  made. 


I 
I 


THE  CONSOLIDATION  ACT.  79 

and  until  the  actual  expenses  iucaired  by  said  officer  for  the  preservation 
and  keeping  of  the  same  shall  be  paid  to  him  by  the  owner  or  claimant  of 
said  property;  and  in  case  of  dispute  as  to  the  amount  of  such  expenses, 
said  dispute  to  be  determined  by  the  Police  Judge  of  said  City  and  County. 

Sec.  7.  It  shall  be  lawful  for  said  Board  of  Underwriters  at  any  time  to 
remove  said  Fire  Marshal,  and  to  fill  any  vacancy  in  said  office  caused  by 
such  removal,  or  by  resignation,  death,  or  absence  from  the  city,  in  the  same 
manner  as  provided  in  section  first  of  this  Act. 

Seo.  8.  The  said  Fire  Marshal  is  hereby  authorized  and  empowered  to 
appoint  one  or  more  persons  during  the  time  of  fire  for  the  purpose  of  saving 
and  protecting  property  at  said  fire,  and  until  it  shall  be  delivered  to  the 
owner  or  claimants  thereof;  and  the  said  person  or  persons  so  appointed 
shall  have,  during  such  period,  the  authority  and  power  of  a  policeman  of 
said  City  and  County,  and  shall  be  known  as  the  Fire  Marshal's  Police;  and 
each  of  such  persons  shall  wear,  when  in  the  discharge  of  his  duty,  con- 
spicuously displayed  on  his  person,  such  badge  or  device  as  said  Fire  Mar- 
shal shall  designate. 

Sec.  9.  The  said  Fire  Marshal  is  herebj'  duly  authorized  and  empowered 
to  hold  and  sell,  or  cause  to  be  sold  at  public  auction,  all  property  in  his 
possession  saved  from  a  fire  or  fii^s,  for  which  no  owner  can  be  fouud,  after 
advertising  the  same  in  two  daily  newspapers  published  in  said  City  and 
County  for  the  jjeriod  of  thirty  days;  provided,  hoicever,  that  [if]  iipon  appli- 
cation by  said  Marshal  to  the  County  Judge,  it  shall  appear  that  such  prop- 
erty is  perishable,  said  Judge  may  order  said  Marshal  to  make  sale  thereof 
upon  such  notice  as  in  the  opinion  of  said  Jadge  may  be  reasonable.  The 
proceeds  of  all  such  sales,  together  with  an  account  thereof,  after  deducting 
all  expenses,  shall  be  by  him  deposited  with  the  Treasurer  of  said  City  and 
County,  to  be  held  by  said  Treasurer  subject  to  the  claim  of  the  owner  of 
such  property.  Said  Fire  Marshal  shall,  from  time  to  time,  file  with  the 
County  Clerk  of  said  City  and  County,  under  oath,  a  statement  and  descrip- 
tion of  all  property  in  his  possession  or  under  his  control  and  sold  by  him, 
together  with  the  amount  of  money  by  him  deposited  with  the  Treasurer  of 
said  City  and  County. 

Sec.  10.  The  Act  entitled  an  Act  to  provide  for  the  prevention  of  confla- 
grations and  the  pi'otection  of  property  saved  from  fire  in  the  City  and 
County  of  San  Francisco,  approved  April  first,  eighteen  hundred  and  sixty- 
four,  ia  hereby  repealed;  provided,  that  any  officer  appointed  under  that  Act 
shall  be  continued  in  office  under  this  Act  until  his  successor  in  office  be  ap- 
poiuted. 

Sec.  11.  This  Act  shall  take  effect  from  and  after  its  passage;  and  all  laws 
and  parts  of  laws  in  conflict  herewith  are  hereby  repealed,  so  tar  as  they 
conflict  herewith. 


80  THE  CONSOLIDATION  ACT. 

SUPPLEMENT     XXIII 
1865-6,  82. 


An  Act  to  confer  additional  powers  upon  the  Board  af  Supervisors 
of  the  City  and  County  of  San  Francisco,  and  upon  the  Au- 
ditor and  Treasurer  thereof,  and  to  authorize  certain  appro- 
priations of  money  by  said  Board, 

[Approved  February  14,  1S66.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  appropriate,  allow  and 
order  paid  the  sums  of  money  and  to  exercise  the  powers  following: 

First.  To  authorize  the  Clerk  of  the  Board  of  Supervisors  to  appoint  a 
Deputy  or  Assistant  Clerk,  to  be  approved  by  said  Board,  whose  salary  shall 
be  fixed  by  the  said  Board'^  4-  #  *  payable  out  of  the 

General  Fund;  said  Deputy,  when  required  by  the  Board,  to  act  as  Sergeant- 
at-Arms  at  its  meetings,  without  additional  compensation  therefor.^" 

Second.  [Repealed  hy  Act  of  ApMl  1,  1872;  1871-2,  901;  Supplement  LXVI, 
post.] 

Third.    Xo         *         '         *  appoint  a  competent  person  to  repair  and 

keep  in  order  said  fire  alarm  and  police  telegraph,  at  a  salary  not  to  exceed 
one  hundred  dollars  per  month,  payable  out  of  the  General  Fund.^^ 

Fourth.         **«**^*i.* 

Fifth.     I  Repealed.     Sec.  3007  Political  Code,  Supplement  XCI.'\ 
Sixth.     [Authorizes  payment  of  various  sums  heretofore  allowed  in  excess 
of  statutory  allowances.'] 
Seventh.        ****--*-  * 

Eighth.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby  re- 
pealed. 


"  Board  of  Supervisors  authorized  to  pay  one  hundred  and  fifty  dollars  per  month;  sub.  12,  sec.  1, 
Act  of  March  30,  1872;  Supplement  LX,  post. 

'"  Board  of  Supervisors  authorized  to  appoint  Sergeant-at-Arms  at  salary  of  SlOO  per  month;  sub- 
7,  sec.  1,  Act  of  March  30,  1872;  Supplement  LX,  post. 

"  Superintendent  of  telegraph  to  appoint  a  repairer.  Act  of  March  11,  1868;  1867-8,  160;  Supple- 
ment XXX. 


THE  CONSOLIDATION  ACT.  «1 

SUPPLEMENT     XXIV. 
18G5-G,  138. 


An  Act  to   establish  a   Paid   Fire  Department  for  the  City  and 
County  of  San  Francisco. 

[Approved  iMarch  2,  1866.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows  : 

Section  1.     [Superseded  by  Act  March  28,  1878;  1878,  685.] 

Sec.  2.     iObsolete.-\ 

Secs.  3,  4  and  5.     [Obsolete,  or  superseded  by  Act  of  March  30,  1874;  Sup- 
plement LXX,  post.] 

Sec.   6.     [Superseded  by  Sec.  2  of  Act  of  March  28,  1878.] 

Sec.  7.     [Portion  superseded  by  sec.  7,  Act  of  March  30,  1874;  Supplement 
LXX,  post;  remainder,  obsolete.'] 

Sec.  8.  The  Board  of  Supervisors  of  said  City  and  County  are  hereby 
authorized  to  appropriate,  allow,  and  order  i^aid,  annually,  out  of  the  Gen- 
eral Fund  of  said  City  and  County,  the  salaries  hereinbefore  specified  and 
allowed,  and  salaries  at  similar  rates  to  the  several  officers  and  men  of  any 
additional  companies  created  as  aforesaid;  also,  the  sum  of  forty  thousand 
dollars  per  annum  for  running  expenses,  horse  feed,  repairs  to  apparatus, 
and  other  expenses  of  the  said  Department;  also,  a  sum  not  exceeding 
twenty-five  thousand  dollars  annually,  for  the  purchase  of  horses  and 
apparatus;  also,  a  sum  not  exceeding  twenty-five  thousand  dollars  an- 
nually, in  lieu  of  the  amoiint  now  allowed  by  law,  for  the  construction 
and  erection  of  hydrants  and  cisterns;  and  the  Board  of  Supervisors 
shall  have  power  to  advertise  for  proposals,  and  make  contracts  for 
the  construction  of  said  cisterns  and  the  erection  of  said  hydrants, 
and  they  are  hereby  empowered  to  locate  the  same.  [Amended,  x\pril  1, 
1872;  1871-2,  855.     Amended  by  Act  of  March  26,  1878;  1877-8,  556. 

Sec.  9.     [Re-enacted,  sec.   12,  Act  of  March  30,   1874;  Supplement   LXX, 
post.] 

Sec   10.     The  only  engines  which  shall  be  purchased  by  the  City  and 
used  by  the  Fire  Department  shall  be  steam  fire-engines,  of  the  best  pattern 
and  manufacture.     [Bemainder  of  sec .  re-enacted  by  sec.  \,  Act  of  March  30, 
1874;  Supplement  LXA^,  post,  which  see.] 
6 


82  THE  CONSOLIDATION  ACT. 

8eo.  11.  Any  person  who  niuy  have  b^eii  an  active  fireman  in  the  Fire 
Department  of  said  City  and  County  for  three  years  and  six  months  imme- 
diately preceding  the  time  when  this  Act  shall  take  efitect,  shall  be  entitled  to 
enjoy  all  the  privileges  and  immunities  now  enjoyed  by  exempt  firemen  in 
said  City  and  County  under  the  existing  laws  of  this  State,  Any  such  per- 
son shall,  upon  application  and  proper  proof  of  such  service,  receive  a 
certificate  to  that  effect,  from  the  person  or  persons  now  issuing  such  certifi- 
cates, and  in  the  same  form  as  exempt  firemen  in  said  City  and  County  are 
now  entitled  to  receive  such  certificate. 

Sec.  12.     {Obsolete. 2 

Sec.  13.     IRepealed,  Act  April  2,  1866;  1865-6,  866,  sec.  4.] 


SUPPLEMENT     XXV 
1865-6,  214. 


An  Act  to  establish  and  maintain  an  Almshouse  and  Hospital  in 
'    the  City  and  County  of^San  Irancisco. 

[Approved   March  10,  1866.] 

T/ie  People  of  the  State  of  California,  represented  in  Senate  and.  Assembly,  do 
enact  as  follows  : 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  establish  and  maintain  an 
Almshouse  and  Hospital,  and  for  that  purpose  to  set  apart  and  appropriate 
land  belonging  to  said  City  and  County,  or  to  purchase  land,  not  exceeding 
eighty  acres,  as  said  Board  may  deem  necessary  in  said  City  and  County,  and 
erect  thereon  one  or  more  buildings,  suitable  for  almshouse  and  hospital 
purposes,  and  they  may  from  time  to  time  add  to  and  enlarge  such  buildings 
as  necessity  may  require. 

Sec.  2.  For  the  purpose  of  procuring  or  purchasing  and  improving  land 
and  erecting  buildings  thereon,  as  provided  in  the  preceding  section,  said 
Supervisors  are  hereby  authorized  to  appropriate  and  order  paid  so  much  as 
may  be  necessary  of  the  appropriation  now  authorized  bylaw  to  be  expended 
for  purchasing  land,  or  erecting  or  enlarging  buildings  for  hospital  pur- 
poses, or  for  both;  also,  to  expend,  in  addition  thereto,  a  sum  not  to  exceed 
twenty  thousand  dollars  for  furnishing  the  same. 

Sec.  3.  Said  Board  of  Supervisors  may  by  ordinance  make  such  rules  and 
regulations,  not  inconsistent  with  the  provisions  of  this  Act,  for  the  govern- 


THE  CONSOLIDATION  ACT.  83 

ment  and  management  of  said  almshouse,  and  for  the  admission,  discharge 
and  employment  of  the  inmates  thereof,  as  to  them  shall  seem  proper. 
lAnmided,  March  28,  1867;  1867-8,  427/  Amended  by  Act  of  Mar.  26,  1878. 
1877-8,  556.] 

Sec.  4.  Said  Board  shall  also  have  power  to  appoint  for  duty  at  the 
Almshouse  a  Superintendent,  Matron,  Resident  Physician,  and  such  assist- 
ants and  employees  as  they  may  from  time  to  time  deem  necessary;**^  pro- 
vided,  they  shall  not  at  any  time  pay  more  than  the  following  sums  as  salary 
to  the  various  employees : 

To  the  Superintendent,  one  hundred  and  fifty  dollars  per  month. 

To  the  Matron,  fifty  dollars  per  mouth. 

To  the  Resident  Physician,  one  hiindred  and  twenty-five  dollars  per 
month. 

To  the  Cook,  sixty  dollars  per  month. 

To  the  Chief  Farmer,  fifty  dollars  per  month. 

To  the  Principal  Teamster,  fifty  dollars  per  month. 

And  to  each  and  every  other  employee,  not  to  exceed  thirty  dollars  per 
mouth  each,  except  nurses,  when  necessary,  may  be  employed  at  a  salary 
not  to  exceed  fifty  dollars  per  month.  [Amended,  March28,  1868;  1867-8,  427.] 

Sec.  5.     [Expenditures  for  persons  in  Almshouse  and  Hospital.^*'] 

Sec.  6.  Contracts  for  the  support  of  the  inmates  of  said  Almshouse  and 
Hospital  shall  be  given  out  in  the  manner  now  prescribed  by  law  for  the 
support  of  the  inmates  of  the  City  and  County  Hospital. 

Sec.  7.  The  Mayor  of  s-iid  City  and  County,  the  Resident  Physician  of 
said  Almshouse  and  Hospital,  aud  the  Chairman  of  the  Hospital  Committee, 
respectively,  and  they  alone,  shall  have  power  to  admit  inmates  to  said 
Almshouse  and  Hospital,  under  such  restrictions  as  are  provided  in  section 
three  of  this  Act. 

Sec.  8.  The  Mayor,  when  authorized  by  the  Board  of  Supervisors,  shall 
h  ive  power  to  sell  the  buildings  and  land  now  occupied  for  hospital  pur- 
poses, and  to  that  end  is  hereby  authorized  to  execute,  sign,  seal  and  deliver 
good  and  suflficieut  deed  or  deeds  therefor,  to  such  person  or  persons  and  for 
such  sum  or  sums  as  said  Board  may  prescribe ;  and  he  shall  pay  the  pro- 
ceeds of  such  sale  or  sales  into  the  City  and  County  Treasury  to  the  credit 
of  the  General  Fund.*^ 


"'  Appointiug  power  vested  in  Board  of  Health  by  sec.  3009,  Political  Code,  as  anieuded  March  23, 
1874;  Supplement  XCI,  post.  As  to  salaries,  see  sec.  3010,  same  Supplement.  See  also  Act  of 
March  30,  1874,  Supplement  XOII. 

»*  By  sub.  18,  sec.  1,  Act  of  March  30,  1872;  Supplement  LX,  post;  this  expenditure  is  uicreased 
tj  §12,000.     Further  increased  to  .§15,000  monthly.by  Act  of  March  16,  1878;  1878,  280. 

*'  See  in  connection  with  thib  section  sub.  13,  sec.  1,  Act  of  MarchfSO,  1872;  Supplement  LX. 

*Power  to  provide  for  placing  money  in  Treasury  for  articles  manufactured  at,  or  sold  from,  insti 
tution;  Act  of  March  26,  1878,  sec.  1,  sub.  10. 


81  THE  CONSOLIDATION  ACT. 

Sec.  9.  The  Auditor  of 'said  City  and  County  is  hereby  directed  to  audit 
and  the  Treasurer  thereof  to  pay  out  of  the  General  Fund  such  sumb  as  the 
Supervisors  may  allow  and  order  paid  under  the  provisions  of  this  Act. 

Sec.  10.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT    XXVI 
1865-6,  423. 


An  Act  to  organize  and  regulate  the  Justices'  Court  in  the  City  and 
County  of  San  Francisco  * 

[Approved  March  26,  1866.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Section  1.  There  shall  be,  in  and  for  the  City  and  County  of  San  Fran- 
cisco, one  Justices'  Court,  which  shall  have  the  powers  and  jurisdiction  now 
prescribed  and  conferred  by  law  upon  Justices  of  the  Peace  and  Justices' 
Courts  in  said  City  and  County.  All  actions,  suits  and  proceedings  whereof 
Justices  of  the  Peace  and  Justices'  Courts  in  said  City  and  County  have 
jurisdiction  shall  be  commenced,  entitled,  and  prosecuted  in  said  Court. 
The  said  Court  shall  be  always  open,  non-judicial  days  excepted,  and  causes 
therein  may  be  tried  before  the  presiding  Justice,  before  any  one  of  the 
Justices  before  whom  the  original  process  may  be  made  returnable  or  to 
whom  the  cause  may  be  assigned  or  transferred  for  trial,  or  before  any  three 
Justices  of  the  Peace  constituting  the  Court  in  bank  as  hereinafter  provided; 
but  the  Court  in  bank  shall  have  exclusive  power  to  hear  and  determine  all 
applications  for  new  trials.  In  case  of  sickness  or  other  disability  or  neces- 
sary absence  of  a  Justice  of  the  Peace  (on  the  return  of  a  summons  or  at  the 
time  appointed  for  trial)  to  whom  a  cause  has  been  assigned,  the  presiding 
Justice  shall  re-assign  the  cause  to  some  other  Justice,  who  shall  proceed  with 
the  trial  and  disposition  of  said  cause  in  the  same  manner  as  if  originally 
assigned  to  him.  For  the  organization  of  said  Court,  Justices  of  the  Peace 
and  a  Justices'  Clerk  shall  be  respectively  elected  and  appointed,  and  the 
Sheriff  of  the  City  and  County  of  San  Francisco  ex-officio  shall  be  an  officer 
of  said  Court  as  hereinafter  provided.  lAmended,  Mardi  30,  187 -i;  1871-2, 
758.] 


*Thi3  Act  must  be  read  in  conuectiou  with  Code  of  Civil  Procedure,  sees.  85  to  98,  inclusive;  and 
Code  of  Civil  Procedure,  sees.  110  to  115,  inclusive. 


THE  CONSOLIDATION  ACT.  85 

Sec.  2.  There  shall  be,  for  the  City  and  Coianty  of  San  Francisco,  five 
Justices  of  the  Peace,  to  be  elected  by  the  City  and  County  at  large,  at  the 
time,  in  the  manner,  and  for  the  term  ns  now  prescribed  by  law  for  the  elec- 
tion of  such  Justices.* 

Sec.  3.  The  Board  of  Supervisors  shall  biennially  appoint  one  of  the  Jus- 
tices of  the  Peace  to  be  presiding  Justice,  who,  as  such,  shall  hold  office 
for  two  years  and  until  his  successor  shall  in  the  same  manner  be  Appointed, 
and  any  one  of  the  other  Justices  may  attend,  preside,  and  act  as  presiding 
Justice  during  the  temporary  absence  or  disability  of  the  Justice  so  appoint- 
ed. The  Board  of  Supervisors  shall  also  appoint  a  Justices'  Clerk,  on  the 
written  nomination  and  recommendation  of  said  Justices,  or  a  majority  of 
them,  who  shall  hold  office  for  two  years,  and  until  his  successor  is  appointed 
and  qualified.  The  Clerk  shall  take  the  constitutional  oath  of  office,  and 
give  bond  with  at  least  two  sufficient  sureties,  to  be  approved  in  the  same 
manner  as  the  official  bond  of  other  officers  of  the  City  and  County  of  San 
Francisco,  in  the  sum  of  ten  thou'-and  dollars,  payable  to  the  City  and  County 
of  San  Francisco,  conditioned  for  the  faithful  discharge  of  the  duties  of  his 
office,  and  well  and  truly  to  account  for  and  pay  into  the  Treasury  of  said 
City  and  County,  as  required  by  law,  all  moneys  by  him  collected  or  received 
and  by  law  designated  for  that  use.  A  new  or  additional  bond  may  be  re- 
quired by  the  Mayor,  Auditor,  and  County  Judge,!  or  any  two  of  them, 
whenever  they  may  deem  it  necessary,  and  on  failure  to  furnish  such  new 
and  additional  bond  within  three  days  after  it  shall  be  required,  the  office 
shall  become  vacant.  The  Justices'  Clerk  shall  have  authority  to  administer 
oaths  and  take  and  certify  affidavits  in  any  action,  suit,  or  proceeding  in 
said  Justices'  Court,  and  to  appoint  a  Deputy  Clerk,  for  whose  acts  he  shall 
be  reponsible  on  his  official  bond,  the  said  Deputy  Clerk  to  hold  office  during 
the  pleasure  of  said  Clerk.     lAmended,  March  30,  1872;  1871-2,  758.] 

Sec.  4.  [^Appointment,  of  Constables.  Office  of  Constable  abolished,  sec.  12. 
Act  of  February  10,  1870;  1869-70,  56] 

Sec.  5.  ^  The  Board  of  Supervisors  shall  provide  in  some  convenient  local- 
ity in  said  City  and  County,  a  suitable  building,  with  rooms  for  the  Clerk'^! 
office,  Court  room,  and  separate  rooms  for  offices  or  chambers  for  each  of  the 
Justices  of  the  Peace  (the  presiding  Justice  excepted),  for  the  transaction  of 
their  official  business,  and  shall  also  provide  suitable  furniture  therefor;  or 
if  said  Board  should  deem  it  necessary  and  expedient,  offices  or  chambers 
for  the  Justices  may  be  provided  and  assigned  for  them  in  different  buildings 
and  places.  At  the  Clerk's  office,  the  presiding  Justice  and  Justices'  Cleik 
shall  be  in  attendance  daily,  non-judicial  days  excepted,  from  the  hour  of 


*.See  sec.  4109,  Pol.  Code. 

tNow  a  Judge  of  the  Superior  Court. 

§See  sec.  88  of  the  Code  of  Civil  Procedure. 


b(i  THE  CONSOLIDATION  ACT. 

nine  a.  m.  until  five  p.  m.,  and  at  such  other  convenient  hours  as  may  be  re- 
quired by  urgent  ofiicial  business;  and  the  other  Justices  aforesaid  shall  be 
in  attendance  at  their  respective  offices  or  chambers,  for  the  dispatch  of  offi- 
cial business,  daily,  from  the  hour  of  nine  a.  m.,  until  five  p.  m.  Unless 
otherwise  ordered  by  the  Board  of  Supervisors,  leave  of  temporary  absence 
may  be  granted  by  the  Mayor  to  the  Clerk  or  any  of  the  Justices,  when  such 
absence  will  not  materially  prejudice  or  delay  official  business;  but  absence 
for  more  than  two  hours  in  a  day,  or  for  more  than  four  days  in  one  month, 
shall  be  charged  with  a  proportionate   deduction  of  salary.**^ 

8ec.  G.  All  legal  process  of  every  kind  which  the  Justices  of  the  Peace 
of  said  City  and  County,  or  any  of  them,  are  or  may  be  authorized  to  issue, 
for  the  issuance  or  service  of  which  any  fee  is  or  may  be  allowed  by  law, 
shall  be  issued  by  the  said  Clerk  upon  the  order  of  the  presiding  Justice,  or 
upon  the  order  of  one  of  the  said  Justices  of  the  Peace,  except  as  herein- 
after provided;  and  the  fees  for  issuance  and  service  of  all  such  process,  and 
all  other  fees  which  now  are  allowed  by  law  for  any  official  services  of  Jus- 
tices, Sherifi"  or  Justices'  Clerk,  shall  be  exacted  or  paid  in  advance  into  the 
hands  of  said  Clerk,  and  by  him,  daily  or  -weekly,  as  the  Board  of  Super- 
visors may  require,  and  before  his  salary  shall  be  allowed,  accounted  for  in 
detail,  under  oath,  and  paid  into  the  treasury  of  the  City  and  County,  as  part 
of  the  Special  Fee  Fund;  provided,  that  such  payment  in  advance  shall  not 
be  exacted  from  parties  who,  upon  proving  to  the  satisfaction  of  the  presid- 
ing Justice,  by  their  own  affidavit  or  other  evidence,  setting  forth  the  facts 
and  circumstances  of  their  demand,  that  they  have  a  good  cause  of  action, 
and  that  they  are  not  of  sufficient  pecuniary  ability  to  pay  the  legal  fees  in 
advance,  shall  be  admitted  by  such  Justice  to  sue  either  in  forma  jyauperis, 
or  vv-ithout  such  prepayment.     lAmended  February   10,  1870;  1869-70,   56.] 

Sec.  7.  After  this  Act  shall  take  efifect,  it  shall  not  be  lawful  for  any  Jus- 
tice of  the  Peace,  or  the  Sheriff  of  the  City  and  County  of  San  Francisco, 
to  collect  or  receive  any  fee  or  compensation  whatever  (other  than  the  salary 
in  this  Act  allowed  out  of  the  treasury)  for  any  official  services  performed  in 
the  service  or  execution  of  process  issued  out  of  the  Justices'  Court  of  the 
City  and  County  of  San  Francisco;  but  all  fees  or  moneys  legally  chargeable 
for  such  services  shall  be  paid  into  the  hands  of  the  Justices'  Clerk,  as  afore- 
said; and  no  judgment  shall  be  rendered  in  the  said  Justices'  Court,  or  in  any 
action  before  said  Justices,  or  any  of  them,  until  the  fees  allowed  therefor, 
and  all  fees  for  previous  services,  which  are  destined  to  be  paid  into  the 
treasury,  shall  have  been  paid  as  in  this  Act  provided,  except  in  case  of  poor 


^'  By  Act  of  March  30,  1868;  1867-8,  679;  it  is  provided  that:  "  The  .Justices  of  the  Peace  of  the 
City  and  County  of  San  Francisco  are  authorized  and  empowered  to  appoint  a  Janitor  for  their 
court-rooms,  at  a  salary  not  exceeding  seventy-five  dollars  per  month,  and  his  salary  shall  be 
allowed  by  the  Auditor  of  the  City  and  County  of  San  Francisco,  and  be  paid  in  the  same  manner 
that  the  justices  are  paid,  out  of  the  Special  Fee  Fund." 


THE  CONSOLIDATION  ACT.  87 

persons,  as  provided  for  in  the  preceding  section.     lAmended  February  10, 
1870;  1869-70,  5G.] 

Sec.  8.  All  actions  and  proceedings  commenced  after  this  Act  takes  effect, 
iu  the  City  and  County  of  Sau  Francisco,  whereof  the  Justices  of  the  Peace 
have  jurisdiction,  shall  be  entitled  "  In  Justices'  Court  of  the  City  and  County 
of  San  Francisco,"  and  shall  be  commenced  in  said  Court  as  hereinbefore  pro- 
vided, and  the  original  process  shall  be  returnable,  and  the  parties  required  to 
appear  before  the  presiding  Justice  at  the  aforesaid  Justices'  Court  room,  or 
before  one  of  the  other  Justices  of  the  Peace,  by  the  presiding  Justice  to  be 
designated;  but  all  complaints,  answers,  and  other  pleadings  and  papers  re 
quired  to  be  filed,  shall  be  filed,  and  a  record  of  all  such  actions  and  proceed- 
ing shall  be  made  and  kept  in  the  Clerk's  office  aforesaid;  and  the  presiding 
Justice,  aud  each  of  the  other  Justices,  shall  have  power  to  hear,  try  and  de- 
termine any  action  so  commenced,  aud  which  shall  be  made  returnable  before 
him.  aud  to  make  any  necessary  and  proper  orders  therein.  The  presiding 
Justice  shall  also  have  power,  in  his  discretion,  on  healing  the  wishes  and  ob- 
jections of  the  parties,  to  assign  any  cause  returnable  before  him  after  issue 
joined  therein,  and  in  the  cases  provided  for  in  the  next  section  to  transfer 
the  cause  returnable  before  any  other  Justice,  for  trial  before  some  other 
Justice  of  the  Peace,  or  before  three  Justices,  who  shall  in  such  case  sit 
together  in  the  Justices'  Court  room,  and  con'^titute  the  Court  in  bank;  and 
the  presiding  Justice  may  in  like  manner  assign  any  contested  motion,  appli- 
cation, or  issue  in  law  arising  iu  any  cause  returnable  before  him,  for  hearing 
before  any  other  Justice,  or  before  the  Court  in  bank  as  aforesaid;  and  the 
said  Court,  Justice  or  Justices  to  whom  any  cause,  motion,  application,  or 
issue  shall  be  so  as  aforesaid  assigned  or  transferred,  shall  have  full  power, 
jurisdiction,  and  authority  to  hear,  try,  and  determine  the  same  accordingly. 

Sec.  9.  If  at  the  time  of  setting  or  assigning  for  trial  any  cause  or  matter 
returnable  or  pending  before  the  presiding  Justice,  either  party  shall  object 
to  any  one  of  the  Justices  on  the  ground  that  he  is  a  material  witness  for  such 
party,  or  that  he  cannot  have  a  fair  trial  before  such  Justice,  or  on  any  other 
valid  ground,  the  presiding  Justice,  in  case  such  objection  is  substantiated  in 
the  maner  prescribed  by  section  five  hundred  and  eighty-two  of  the  Civil 
Practice  Act,  shall  allow  such  objection,  and  not  assign  the  case  for  trial  or 
any  matter  or  motion  therein  for  hearing,  before  the  Justice  so  objected  to, 
but  may  assign  the  same  to  be  tried  or  heard  before  some  other  Justice;  and 
if  at  the  time  of  joining  issue  in  a  cause  returnable  before  any  other  Justice, 
objection  shall  be  made  to  having  the  cause  tried  before  such  Justice,  on  the 
ground  that  such  Justice  is  a  material  witness  for  either  party,  or  on  the 
ground  of  the  interest,  prejudice,  or  bias  of  such  Justice,  and  such  objection 
be  substantiated  in  the  manner  aforesaid,  then  the  Justice  before  whom  the 
cause  is  pending  shall  suspend  proceedings  therein,  and  the  presiding  Justice, 
on  motion  aud  production  before  him  of  the  same  affidavits  and  proofs,  shall 
order  the  transfer  of  the  action  for  trial  before  some  other  Justice  by  him  to 


88  THE  CONSOLIDATION  ACT. 

be  designated,  which  shall  accordingly  be  done  on  the  terms  and  in  the  man- 
ner prescribed  in  the  aforesaid  section  of  the  Civil  Practice  Act. 

Sec.  10.  Cases  which  by  the  provisions  of  section  live  hundred  and  eighty- 
one  of  the  Civil  Practice  Act  are  required  to  be  certified  to  the  Discrict  Court, 
by  reason  of  involving  the  question  of  title  or  possession  of  real  property,  or 
the  legality  of  any  tax,  impost,  assessment,  toll,  or  municipal  tine,  shall  be  so 
certified  by  the  presiding  Justice  and  Justices'  Clerk  ;  andfor  that  purpose,  if 
such  question  shall  arise  on  the  trial  while  the  case  is  pending  before  one  of 
the  other  Justices,  such  Justice  shall  certify  the  same,  in  the  manner  in  said 
section  of  the  Civil  Practice  Act  provided,  to  the  presiding  Justice.  All  tran- 
scripts of  judgments  to  be  filed  in  the  County  Clerk's  office  or  County  Record- 
er's office  shall  be  given  and  certified  from  the  Justices'  register  and  be  signed 
by  the  Clerk  and  Presiding  Justice. 

Sec.  11.  Applications  for  new  trial  shall  be  made  to  the  presiding  Justice  ; 
and  the  affidavits,  motion  therefor,  and  other  papers  required  to  be  filed,  shall 
be  filed  with  the  Justices'  Clerk.  The  motion  shall  be  heard  and  determined 
by  the  Court  in  bank.  Appeals  from  judgments  rendered  in  said  Justices' 
Court  may  be  taken  and  perfected  in  the  manner  now  prescribed  by  law. 
The  notice  of  appeal,  and  all  papers  required  to  be  filed  to  perfect  it,  shall  be 
filed  with  the  Justices'  Clerk.  The  statement  on  appeal  shall  be  settled,  when 
necessary,  before  the  Jiistice  who  tried  the  cause,  or  before  one  of  the  Justices, 
if  tried  in  bank.  The  sureties  on  appeal,  when  required  to  justify,  may  jus- 
tify before  any  one  of  the  Justices.  The  transcript  and  papers  on  appeal 
shall  be  made  out,  certified  and  returned  to  the  County  Court  in  tlie  form  pre- 
scribed by  the  Civil  Practice  Act,  by  the  Justices'  Clerk,  verified  also  by  the 
presiding  Justice. 

Skc.  12.  The  presiding  Justice,  whenever  in  his  judgment  the  prompt  dis- 
patch of  business  shall  demand  it,  may  require  the  aid  of  one  of  the  Justices 
of  the  Peace  in  the  discharge  either  of  his  own  duties,  or  those  of  the  Justices' 
Clerk  (the  collection  of  lees,  accounting  for  and  paying  the  same  into  the 
treasury  excepted),  and  each  of  the  Justices  when  so  required  shall  for  the 
purpose  have  the  same  power  and  authority  as  the  presiding  Justice  or  Clerk 
in  whose  aid  he  shall  act ;  and  any  one  of  the  Justices,  when  required  as  afore- 
said, may  act  as  Justices'  Clerk  2^'''o  tempore  during  the  temporary  absence  or 
disability  of  the  said  Clerk,  with  the  same  powers,  duties  and  resj)onsibilities. 

Sec.  13.  In  a  suitable  book,  strongly  bound,  the  Justices'  Clerk  shall  keep 
a  permanent  record  of  all  actions,  jjroceedings  and  judgments  commenced,  had 
or  rendered  in  said  Justices'  Court  ;  which  book  shall  be  a  piiblic  record,  and 
be  known  as  the  "  Justices  Register,"  for  which  purpose  the  said  Clerk  shall 
give  personal  attendance,  and  keep  minutes  of  all  proceedings  had,  either  be- 
fore the  presiding  Justice  or  the  Justices  in  bank  ;  and  such  proceedings  as 
may  take  j^lace  before  the  other  Justices  in  cases  returnable  before  them,  or 
which  may  be  assigned  or  transferred  to  them  for  trial  or  hearing,  shall  be 


THE  CONSOLIDATION  ACT.  89 

entered  in  the  dockets  of  such  Justices  ;  and  minutes  of  proceedings  shall  be 
kept  by  such  Justices,  and  be  certified  and  returned,  together  with  all  plead- 
ings and  I'apers  in  the  cause,  to  the  presiding  Justice,  who  shall  cause  the 
same  to  be  filed  and  the  proper  entries  to  be  made  in  the  cause  in  the  Jus- 
tices' Register. 

Sec.  14.  The  Board  of  Supervisors,  whenever  they  shall  deem  it  neces- 
sary, may,  by  an  order  duly  passed  and  entered  in  the  records  of  said  Board, 
establish  one  other  Justices'  Court,  to  be  held  at  such  place  in  the  City  and 
County  as  the  public  convenience  may  require,  which  shall  not  be  within  one 
mile  and  a  half  ot  the  Justices'  Court  room  in  this  Act  provided  for  ;  and  the 
said  Board  shall,  by  a  similar  order,  designate  one  of  the  Justices  of  the 
Peace  to  hold  siich  additional  Court.  The  Justice  so  designated,  and  in  case 
of  his  temporary  absence,  any  other  Justice  of  the  Peace,  shall  have  power 
to  hold  the  said  Court,  and  for  that  purpose  shall  have  power  to  issue  pro- 
cess, make  all  necessary  orders,  and  exercise  all  the  power,  authority,  and 
jurisdiction  now  conferred  bj'  law  upon  Justices  of  the  Peace,  and  shall  be 
governed  in  his  proceedings  in  all  respects  by  the  laws  regulating  proceedings 
in  Justices'  Courts,  but  shall  not  be  entitled  to  receive  to  his  own  use  any 
fees  or  compensation  for  official  services  other  than  his  salary  as  fixed  by 
this  Act. 

Sec.  15.  All  fees  for  issuance  and  service  of  process  in  such  additional 
Court,  and  all  other  fees  which  now  are  or  hereafter  may  be  allowed  by  law 
for  any  official  services  of  the  Justice,  or  Sheriff  or  his  deputy,  in  any  cause 
or  proceeding  commenced  or  pending  therein,  shall  be  by  said  Justice  exacted 
in  advance  (except  in  case'of  poor  persons,  provided  for  in  section  six),  and 
be  paid  into  his  hands,  and  be  by  him,  weekly  or  monthly,  as  the  Board  of 
Supervisors  may  require,  and  before  his  salary  shall  be  allowed,  accounted 
for  with  the  City  and  County  Auditor,  in  detail,  under  oath,  and  in  such 
form  as  the  Auditor  shall  jirescribe,  and  be  paid  into  the  treasury  of  said 
Citj»  and  County  as  part  of  the  Special  Fee  Fund.  lAmended  February  10, 
1870;    18G9-70,  5G.] 

Sec.  1(3.  The  Justices'  Court  organized  by  this  Act,  and  the  additional 
Justices'  Court  which  may  be  established  by  the  Board  of  Supervisors  under 
authority  thereof,  and  the  Justices  of  the  Peace  aforesaid,  shall  be  governed 
in  their  proceedings  by  the  provisions  of  the  Civil  Practice  Act  regulating 
proceedings  in  civil  cases  in  Justices'  Courts,  and  by  the  provisions  of  law 
relating  to  any  special  cases  and  proceedings  whereof  jurisdiction  is  or  may 
be  conferred  upon  such  Justice  and  Justices'  Courts,  so  far  as  such  pro- 
visions are  not  repealed,  altered,  or  modified  by  those  of  this  Act,  and  the 
same  are  or  can  be  made  applicable  in  the  several  cases  arising  before  them. 

Sec.  17.  All  actions  and  proceedings  pending  and  undetermined  before 
any  of  the  Justices  of  the  Peace  of  the  City  and  County  of  San  Francisco 
at  the  time  this  Act  takes  effect  shall  be  proceeded  in,  heard,  and  determined 


90  THE   CONSOLIDATION  ACT. 

before  the  same  Justices,  and  execution  shall  be  issued  thereon,  and  other 
proceedings  therein,  whether  before  or  after  juagnaent,  whether  on  appeal  or 
otherwise,  shall  be  taken  and  had  before  said  Justices  in  the  same  manner  as 
if  this  Act  had  not  been  passed  ;  but  all  suits  and  proceedings  commenced 
after  this  Act  takes  effect  shall  be  commenced,  entitled,  and  prosecuted  in 
the  Justices'  Court,  or  the  additional  Justices'  Court,  as  in  this  Act  provided. 

Sec.  18.  The  County  Court  of  the  City  and  County  of  San  Francisco 
shall  have  power  to  mnke  rules,  not  inconsistent  with  the  Constitution  and 
laws,  for  the  government  of  the  Justices'  Courts  therein,  and  the  govern- 
ment of  the  officers  thereof;  but  such  rules  shall  not  be  in  force  until  thirty 
days  after  their  publication,  and  no  rule  shall  be  made  imposing  any  tax  or 
charge  on  any  legal  proceeding,  or  giving  an  allowance  to  any  Justice  or 
officer  for  services.     ^Superseded  by  sec.  95  of  the  Code  of  Civil  Procedure.'] 

Sec.  19.  The  Justices  of  the  Peace  and  Justices'  Clerk  and  Justices' 
Clerk's  deputy  shall  receive  for  their  official  services  the  following  salaries, 
and  no  othur  compensation,  payable  monthly  out  of  the  City  and  County 
Treasury,  and  out  of  the  Special  Fee  Fund,  after  being  first  allowed  and 
audited  as  other  similar  demands  are  by  law  required  to  be  allowed  and 
audited;  to  the  Presiding  Justice,  three  thousand  dollars  per  annum;*  to  the 
Justices'  Clerk  and  each  of  the  Justices  of  the  Peace  (the  Presiding  Justice 
excepted),  twenty -four  hundred  dollars  each  per  annum;  and  to  the  Justices' 
Clerk's  deputy,  the  sum  of  twelve  hundred  dollars  per  annum.  I  Amended, 
March  30,  1872;  1871-2,  758.] 

Sec.  20.  It  shall  not  be  lawful  for  any  Justice  of  the  Peace,  the  Justices' 
Clerk,  or  the  Sheriff  or  any  of  his  deputies,  of  the  City  and  County  of  San 
Francisco  to  ajji^ear  or  advocate,  or  in  any  manner  act  as  attorney,  counsel 
or  agent,  for  any  party  or  person  in  any  cause,  or  in  relation  to  any  demand, 
account  or  claim  jjending,  or  to  be  sued  or  prosecuted  before  said  Justices  or 
any  of  them,  or  which  may  be  within  their  jurisdiction.  A  violation  of  the 
provisions  of  this  section  shall  be  deemed  a  misdemeanor  in  office.  lAmen-:kd, 
February  10,  1870;  1869-70,  56.] 

Sec.  21.  No  person  other  than  an  attornej'  at  law,  duly  admitted  and 
licensed  to  practice  in  courts  of  records,  shall  be  permitted  to  appear  as 
attorney  or  agent  for  any  party  in  any  cause  or  proceeding  before  said 
Justices,  or  any  of  them,  unless  he  produces  a  sufficient  power  of  attorney 
to  that  effect,  duly  executed  and  acknowledged  before  one  of  said  Justices, 
or  before  some  other  officer  authorized  by  law  to  take  acknowledgment  of 
deeds;  which  power  of  attorney,  or  a  true  copy  thereof  duly  certified  by  one 
of  the  Justices  aforesaid  (who,  on  inspection  of  the  original,  shall  attest  to 
its  genuineness),  shall  be  filed  among  the  papers  in  such  cause  or  proceed- 
ing. 

Sec.  22.     lObsolete.] 


"Reduced  by  sec.  97  of  the  Code  of  Civil  Procedure  to  82,700. 


THE  CONSOLIDATION  ACT.  01 

Skc.  23.  This  Act  shall  take  effect  and  be  in  force  from  and  after  the  first 
day  of  January,  A.  D.  eighteen  hundred  and  sixty-eight;  provided,  that  at 
the  general  election  next  preceding  that  date  there  shall  be  elected  for  the 
City  and  County  of  San  Francisco  five  Justices  of  the  Peace,  as  provided  for 
in  section  two  of  this  Act,  to  succeed  the  present  Justices  after  the  expiration 
of  the  term  for  which  they  were  elected;  and  thereafter,  also,  the  Justices  of 
the  Peace  in  and  for  said  City  and  County  shall  be  elected  at  the  general 
election;  and  all  laws,  so  far  as  they  require  Justices  of  the  Peace  in  and  for 
said  City  and  County  to  be  elected  at  the  special  judicial  election,  are  hereby 
repealed. 


l&ections  one  to  seven,  inclusive,  of  "An  Act  amendatory  of  and  supplementary 
to  an  Act  entitled  an  Act  to  organize  and  regulate  the  Justices'  Court  in  the  City 
and  County  of  San  Francisco,  approved  March  26,  1866,"  approved  February  10, 
1870;  1869-70,  56,  are  incorporated  in  the  next  preceding  Act  as  amendments 
thereto.     The  remaining  sections  of  said  Act  are  subjoined: 

Skc.  8.  The  Sheriff  of  the  Citj'  and  County  of  San  Francisco  shall  be  the 
oflScer  of  said  Court,  and,  in  addition  to  the  deputies  now  allowed  by  law, 
may  appoint  three  deputies,  whose  duty  it  shall  be  to  assist  said  Sheriff  in 
serving  and  executing  all  the  processes,  writs  and  orders  of  the  said  Justices' 
Court.  Said  deputies  shall  receive  a  salary  of  one  huudred  and  twenty-five 
dollars  per  month  each,  payable  monthly  out  of  the  City  and  County  Treas- 
ury, and  out  of  the  Special  Fee  Fund,  after  having  been  first  allowed  and 
audited  as  other  demands  are  by  law  required  to  be  audited  and  allowed. 

Sec.  9.  It  shall  be  the  duty  of  the  said  Sheriff  to  serve  and  execute,  or 
cause  to  be  served  and  executed,  each  and  every  process,  writ  or  order  that 
may  be  issued  by  the  Justices'  Court  in  and  for  the  City  and  County  of  San 
Francisco,  One  of  said  deputies  shall  remain  in  attendance  during  the 
session  of  said  Court  as  the  Court  may  direct. 

Sec.  10.  It  shall  be  the  dniy  of  the  Board  of  Supeivisors  of  the  City  and 
County  of  San  Francisco  to  provide  and  furnish  a  suitable  ofiice  for  said 
deputies,  convenient  to  said  Justices'  Court,  where  one  of  said  deputies 
shall  remain  during  the  sessions  of  said  Justices'  Court,  and  at  such  other 
times  as  said  Court  may  order  and  direct,  for  the  purpose  of  attending  to 
such  duties  as  may  be  imposed  on  said  Sheriff  or  said  deputies  as  herein 
provided.  The  said  Sheriff  shall  be  liable,  on  his  oflBcial  bond,  for  the  faith- 
ful performance  of  all  duties  required  of  him  or  his  said  deputies,  under  the 
provisions  of  this  Act. 

Sec.  11.  Subpu'nas  for  witnesses  may  be  issued  by  said  Justices'  Clerk 
without  a  Justice's  order. 

Sec.  12.  The  office  of  Constable,  so  far  as  the  City  and  County  of  San 
Francisco  is  concerned,  is  hereby  abolished. 


92  THE  CONSOLIDATION  ACT. 

Sec.  13.     All  Acts  and  parts  of  Acts,  so  far  as  they  are  in  couflict  with  this 
Act,  are  hereby  repealed. 

Sec.  11.     This  Act  shall  take  eflfect  immediately.  * 


SUPPLEMENT     XXVII. 
1865-6,  520. 


An  Act  granting  poioer  to  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  order  certain  Street  Work 
to  be  done  as  therein  specified. 

[Approved  March  31,  1866.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enacl  as  follows: 

Section  1.  Whenever  street  work  or  grading  of  any  street  or  part  thereof 
may  be  deemed  necessary  by  the  Board  of  Supervisors  of  the  City  and  County 
of  San  Francisco,  on  a  portion  of  any  street  in  front  of  any  lot  owned  or  pos- 
sessed by  the  Government  of  the  United  States,  said  Board  shall  have  power 
to  order  the  whole  or  any  portion  of  such  street  in  front  of  any  such  lot  to  be 
graded,  paved,  planked,  or  repaired,  any  law  to  the  contrary  notwithstand- 
ing.*^ 

Sec.  2.     This  Act  shall  take  effect  from  and  after  its  passage. 


"^  "An  Act  to  provide  for  the  Payment  of  Assessments  against  the  Property  of  the  Government  of 
tlie  United  States  for  Street  Iraprovemeats  in  the  City  and  County  of  San  Francisco,"  approved 
March  13,  1868;  1867-8,  148;  provides: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San  Francisco  are  hereby  author- 
ized to  allow,  the  Auditor  of  said  City  and  County  to  aulit,  and  the  Treasurer  to  pay,  out  of  the 
Street  Department  Fund,  all  claims  not  heretofore  paid  for  assessments  that  have  been  made,  or 
that  may  hereafter  be  made,  pursuant  to  law,  against  the  property  of  the  Government  of  the 
United  States  for  street  improvements  in  the  said  City  and  County;  provided,  the  Government  of 
the  United  States  shall  by  its  officers  refuse  to  make  such  payment. 

Sec.  2.    This  Act  shall  take  effect  and  be  in  force  from  and  after  its  passag  e. 


THE  CONSOLIDATION  ACT.  93 

SUPPLEMENT     XXVIII. 

1865-G,  G24. 


An  Act  concerning  the  office  of  Sherif  of  the  City  and  County  of 
San  Francisco. 

[Approved  March  31,  1866.  J 

Tlie  People  of  the  State  of  California,  represented  i7i  Senate  and  Assembly,  do 
enact   as  follows  : 

Section  1.  The  Sheriff  of  the  City  and  County  of  San  Francisco  may 
appoint  a  deputy  to  act  as  Bailiff  for  tbe  Fifteenth  District  Court  of  said  City 
and  County.  Said  deputy  shall  receive  a  salary  of  one  hundred  and  fifty 
dollars  monthly,  which  salary  is  to  be  audited  and  paid  in  the  same  manner 
as  the  salaries  of  other  deputies  of  said  Sheriff. 

Sec.  2.  The  appointment  of  Deputy  Sheriff  for  the  Fifteenth  District 
Court  of  said  City  and  County  heretofore  made  by  the  Sheriff  of  said  City 
and  County  under  authority  of  an  order  of  tha  Judge  of  said  Court,  and  of 
an  ordinance  of  tbe  Board  of  Supervisors  of  said  City  and  County,  is  hereby 
declared  a  valid  and  legal  apDoiutmeut  ;  provided,  that  this  ratification  shall 
not  be  so  construed  as  to  allow  the  apjiointment  of  two  Deputy  Sheriffs  for 
said  Court. 

Sec.  3.  All  Acts  or  parts  of  Acts  in  conflict  with  this  Act  are  hereby  re- 
pealed. 

Sec.  4.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

SUPPLEMENT    XXIX. 

1865-6,  718. 


An  Act  to  change  the  time  for  holding  3Iunici2xd  Elections  in  the 
City  and  County  of  San  Francisco,  and  to  define  the  official 
terms  of  certain  officers  the7'ein  mentioned. 

[Approved  April  2,  1866.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.     There  shall  be  elected  hereafter  for  the  City  and  County  of 
San  Francisco,  by  the  qualified  electors  thereof,  at  the  times  hereinafter  men- 


94  THE  CONSOLIDATION  ACT. 

tioned,  aud  in  the  manner  prescribed  by  law  for  the  election  of  State  and 
County  Officers,  one  Mayor,  who  shall  be  ex  officio  President  of  the.  Board*  of 
Supervisors;  **Police  Judge,  an  Attorney  and  Counsellor,  *         *         * 

District  Attorney,  Sheriff,  County  Clerk,  Recorder,  Treasurer,  Auditor,  Tax 
Collector,  Assessor,  Coroner,  Public  Administrator,  Surveyor,  Superintend" 
ent  of  Commotf  Schools,  Superintendent  of  Public  Streets,  Highways  and 
Squares.^  *  *  ^^.  There  shall  be  elected  in  each  of  the  twelve  pres. 
ent  election  districts  of  said  City  and  County,  which  shall  hereafter  constitute 
municipal  districts  and  be  desigaated  and  known  in  law  as  wards,  by  the 
qualified  electors  thereof,  one  Supervisor  and  one  School  Director.'" 

Sec.  2.     lObsolete.] 

Sec.  3.  All  elections  for  City  and  County  Officers,  except  as  provided  in 
section  two  of  this  Act,  shall  be  held  in  said  City  and  County  on  the  days  pre- 
scribed by  law  for  holding  the  general  elections  throughout  the  State,  except 
in  the  years  when  no  general  election  is  provided  for  by  law,  when  elections 
for  City  and  County  Officers  shall  be  held  on  the  first  Wednesday  of  September 
of  said  years. 

Sec.  4.  At  the  first  election  to  be  held  under  this  Act  on  the  first  Wed- 
nesday of  September,  eighteen  hundred  and  sixty-six,  and  at  the  election  held 
every  second  year  thereafter,  there  shall  be  elected  an  Attorney  and  Counsel- 
lor for  said  City  and  County,  an  Auditor,  a  Tax  Collector,  a  Public  Adminis- 
trator, a  Superintendent  of  Public  Streets,  Highways  and  Squares,  a  Chief  of 
Police,  a  Superintendent  of  Common  Schools, (a'*  and  one  Fire  Commis- 
sioner,"'  and  for  each  of  the  First,  Third,  Fifth,  Seventh,  Ninth,  and 
Eleventh  Wards,  one  Supervisor  and  one  School  Director,  who  shall  respect- 
ively hold  their  offices  for  the  term  of  two  years  from  and  after  the  first  Mon- 
day of  December  next  subsequent  to  their  election  and  until  their  successors 
are  elected  and  qualified,  and  the  present  incumbents  of  the  respective  offices 
named  in  this  Act  shall  hold  their  offices  until  their  successors  are  elected  and 
qualified.  [  -imended  March  30,  1872  ;  1871-2,  729.]  [Time  of  election  changed 
by  Section  4109  of  Pol.  Code.  ] 


»'  Office  of  Harbor  Master  extinct,  sec.  3,  Act  of  March  30,  1874;  1873-4,  910;  Supplement  LXIX. 
State  Harbor  Commissioners  appointed  by  Governor,  sec.  2520,  Political  Code,  February  28,  1876. 

^^  As  to  residence  and  mode  of  election  of  Supervisors  and  School  Directors,  see  sec.  3,  Act  of 
March  30,  1872;  1871-2,  729;  Addendum  at  end  of  this  Act. 

^'  Tlie  term  of  ofKce  of  the  County  Judge  is  fixed  at  four  years,  to  commence  the  1st  day  of  Janu- 
uary  ne.xt  succeeding  his  election.  Constitution,  as  amended  1862,  Article  VI,  sec  7.  The  first  term 
under  the  amended  Constitution  commenced  January  1,  1864.  By  sec.  43  of  the  Act  of  April  20, 
1863,  p.  333,  the  term  of  office  of  the  Probate  Judge  is  fixed  at  four  years,  to  commence  the  1st  day 
of  January  next  after  his  election.  The  first  term  of  office  of  the  Probate  Judge  commenced 
January  1,  1864;  and  see  Const,  ut  sup.  cit.  The  Act  of  April  22,  1861,  214,  provided  that  the  Police 
Judpe  should  hold  office  for  two  years,  commencing  the  1st  day  of  July  next  succeeding  his  election, 
but  that  Act  is  expressly  repealed  by  this. 

§  Superseded  by  Act  of  March  28,  1878. 

•Repealed  by  Constitution. 

(a)  Superseded  .so  far  as  Superintendent  of  Common  Schools,  by  sec.  3,  Art.  IX  of  Constitution. 


THE  CONSOLIDATION  ACT.  95 

Sec.  5.  At  the  second  election  held  under  this  Act,  on  the  day  of  the 
general  election  held  in  the  year  eighteen  hundred  and  sixty-seven,  and  at  the 
election  held  every  second  year  thereafter,  there  shall  be  elected  a  Mayor,  who 
shall  be  ex  officio  President  of  the  Board  of  Supervisors  ;  a  District  Attorney,  a 
Sheriff,  a  County  Clerk,  a  Recorder,  a  Treasurer,  an  Assessor,*'^  a  Coroner,  a 
Surveyor,  *  *  *  j^^j  j^  g^^^jj^  ^^  ^j^g  ggcond,  Fourth,  Sixth, 

Eighth,  Tenth  and  Twelfth  Wards,  one  Supervisor  and  one  School  Director, 
who  shall  hold  their  offices  for  the  term  of  two  years  from  and  after  the  first 
Monday  of  September  subsequent  to  their  election,  and  until  their  successors 
are  elected  and  qualified,  [Time  of  election  changed  by  Section  4109  of  Pol. 
Code. 

Sec.  6.  In  and  for  the  City  and  County  at  large,  at  the  general  election  in 
the  year  eighteen  hundred  and  sixty-seven,  and  at  the  general  election  every 
two  years  thereafter,  there  shall  be  chosen  by  the  qualified  electors  of  said 
City  and  County  five  Justices  of  the  Peace,  to  hold  office  for  the  term  now 
prescribed  by  law  ;  and  all  laws  are  repealed  which  require  or  authorize 
Ju.sticea  to  be  elected  at  a  special  judicial  election.  [Time  of  election  changed 
by  Section  4109  of  Pol.  Code.] 

Sec.  7.  I  Superseded  by  sec.  2520,  Political  Code;  see  note  89,  ante,  second 
paragraph.'] 

Sec.  8.     lOhsokte.] 

Sec.  9.  It  is  hereby  made  the  duty  of  the  Mayor  to  issue  his  proclamation 
by  publication  in  not  less  than  three  daily  newspapers  published  in  said  City 
and  County,  at  least  ten  days  previous  to  the  day  in  each  year  on  which  the 
election  is  to  be  held  under  this  Act,  calling  upon  the  qualified  voters  in  said 
City  and  County  to  meet  in  their  respective  districts  for  the  purpose  of  elect- 
ing such  officers  as  are  provided  for  in  this  Act,  reciting  in  such  proclamation 
the  different  officers  to  be  elected  at  such  election.  [Superseded  by  Act  of 
March  18,  1878;  1877-8,  299.] 

Sec.  10.     \Ohsolete.-] 

Sec.  11.  An  Act  entitled  an  Act  to  change  the  time  for  holding  municipal 
elections  in  the  City  and  County  of  San  Francisco,  and  to  define  the  official 
terms  of  certain  officers  therein  mentioned,  approved  April  twenty-second^ 
eighteen  hundred  and  sixty- one,  and  all  Acts  and  parts  of  Acts  inconsistent 
with  the  provisions  of  this  Act  are  hereby  repealed. 

Sec.  12.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 


"  By  sec.  4109,  rolitical  Code,  as  araenaed  Dec.  22,  1873;  Amendments  to  thj  Codes,  1873^,  173; 
tho  Assessor  must  be  elected  and  hold  office  for  the  term  of  four  years. 


96  THE  CONSOLIDATION  ACT. 

IThe  following  is  the  only  portion  of  the  Act  of  March  30,  1872;  1871-2, 
729;  now  in  force  xchich  is  not  incorporated  in  the  foregoing  Act.'\ 

Sec.  3.  The  Supervisors  of  each  ward  shall  be  a  resident  and  qualified 
elector  thereof,  and  shall  be  designated  as  the  Supervisor  of  the  ward  from 
which  he  is  elected.  The  School  Directors  may  be  elected  from  the  resident 
and  qualified  electors  of  the  City  and  County  without  reference  to  the  loca- 
tion of  their  residence.  The  Supervisors  and  School  Directors  shall  be 
elected  by  a  plurality  of  all  the  votes  cast  at  said  elections  in  the  City  and 
County  of  San  Francisco. 


SUPPLEMENT     XXX. 

1867-8,  160. 


An  Act  to  confer  additional  poioers  upon  the  Board  of  Sujjervisors 
of  the  City  and  County  of  San  Francisco,  and  upon  the  Audi- 
tor and  Treasurer  thereof,  and  to  authorize  certain  appropria- 
tions of  money  by  said  Board. 

[Apiiroved  March  14,  186S.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  appropriate,  allow  and 
order  paid,  the  several  sums  of  money  hereinafter  mentioned,  and  to  exercise 
the  following  powers,  to  wit  : 

First.^^         *  ^  *  -  ^  *  *  ^  « 

Second.  To  authorize  the  Superintendent  of  the  Fire  Alarm  and  Police 
Telegraph  to  appoint  three  operators,  to  be  approved  by  the  Board  of  Super- 
visors, at  a  salary  of  one  hundred  and  twenty-five  dollars  per  month,  in  lieu 
of  the  salary  now  allowed  them  by  law;  also  one  repairer,  at  a  salary  of  one 
hundred  dollars  per  month. 

Tliird.^'        "  ^  *  *  ^  ■  * 

Fourth.  IDeputy  of  Superintendent  of  Streets.  Repealed,  Act,  April  4, 
1870;  1869-70,  874.] 

Fifth  to  Seventh,  inclusive.     lExecuted-l 

Eighth.    \^Private.'\ 


''  Superseded  by  sub.  12,  sec.  1,  Act  of  March  30,  1872;  Supplement  LX,  post. 
'*  Repealed  Vjy  sec.  6,  Act  of  March  30,  1872;  Supplement  LXI,  post. 


THE  CONSOLIDATION  ACT.  97 

Ninth.     To  pay  out  of  the  General  Fund,  a  sum  not  exceeding  eight  thou- 
sand dollars  per  annum  for  advertising  and  election  printing.* 

Sec.  2.     [^Authorizes  payment  of  various  sums  heretofore  allowed  hy  Super- 
visors in  excess  of  allowance  provided  hy  law.     Executed.  ] 

Sec.  3.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT    XXXI. 

1867-8,  201. 


An  Act  Concerning  Railroad  ComjMuies  in  the  City  and  County 
of  San  Francisco. 

[Approved  March  21,  18C8.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  shall  have,  and  is  hereby  granted,  the  power  and  authority  to  re- 
strict all  railroad  companies,  in  laying  down  their  tracks  along  the  streets 
of  said  City  and  County,  to  a  space  of  not  more  than  tpn  feet  on  each  side 
of  the  center  of  such  street  or  streets;  and  for  a  violation  of  such  restriction, 
the  said  Board  is  hereby  granted  the  power  to  prescribe  and  enforce  such 
penalties  as  they  may  deem  just  and  proper.  [See  also  Sec.  498  of  Civil 
Code.] 

Sec.  2.    This  Act  shall  take  effect  from  and  after  its  i)assage. 


SUPPLEMENT    XXXII 
1867-8,  220. 


An  Act  in  relation  to  the  office  of  Sheriff'  in  the  City  and  County 
of  San  Francisco. 

[Approved  March  20,  ISflS.J 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.     In  addition  to  the  dejmties  now  allowed  by  law,  the  Sher  ff 
of  the  City  and  County  of  San  Francisco  may  appoint  one  deputy,  and  tn 


Increased  to  §15,000  by  Act  of  March  30,  1878;  1878,  829. 

7 


98  THE  CONSOLIDATION  ACT 

assistant  bookkeeper,  to  act  as  Deputy  Sheriff.     Said  deputy  shall  receive 
salary  of  one  hundred  and  fifty  dollars  per  mouth,  and  the  assistant  book- 
keeper shall  reoeive  a  salary  of  one  hundred  dollars  per  month. 

Sec.  2.  The  Sherifif  of  said  City  and  County  shall  have  power  and  author- 
ity to  appoint  and  remove  two  of  the  porters  allowed  by  law,  and  now  ap- 
pointed by  the  Supervisors,  to  take  charge  and  perform  duties  about  the 
court  aud  other  rooms  of  the  City  Hall  of  said  City  and  County. 

Sec.  3.  The  salaries  and  moneys  provided  to  be  paid  by  this  Act  shall  be 
paid  by  the  Treasurer  of  the  City  and  County  of  San  Francisco,  out  of  the 
Special  Fee  Fund  of  said  City  and  County,  upon  the  audit  of  the  City  and 
County  Auditor,  who  is  hereby  directed  to  audit  the  salaries  and  moneys 
hereby  provided. 

Sec.  4.     lAmended  by'sec.  3  of  Act  of  March  28,  1878.] 

Sec.  5.  All  Acts  and  parts  of  Acts,  so  far  as  they  may  be  in  conflict  here- 
with, are  hereby  repealed. 

Sec.  6.     This  Act  shall  take  effect  from  and  after  its  passage. 


SUPPLEMENT     XXXIII. 

1867-8,   267. 

An  Act  concerning  the  Sheriff's  adcertising  of  the  City  and  County 
of  San  Francisco. 

[Approved  March  24,  1S68.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  shall  include  the  official  advertising  of  the  Sheriff  of  the  City  and 
County  of  San  Francisco  in  their  advertisement  for  proposals  to  do  the  City 
and  County  official  printing,  and  shall  award  the  same  to  the  lowest  respon- 
sible bidder  publishing  a  newspaper  of  general  circulation  in  said  City  and 
County;  provided,  said  award  shall  be  made  to  the  lowest  responsible  bid  in 
the  aggregate  for  the  whole  of  said  City  and  County  official  printing  and 
Sheriffls  advertising;  provided,  also,  that  if  any  contract  now  exists  for  doing 
said  Sheriff's  advertising  which  shall  expire  before  the  usual  time  fixed  by 
said  Board  of  Supervisors  for  letting  or  awarding  the  City  and  County  official 
printing,  then  said  Sheriff  shall  advertise  for  proposals  to  do  his  official  ad- 
vertising from  the  expiration  of  such  contract  to  such  time  as  the  same  shall 


THE  CONSOLIDATION  ACT.  99 

be  awarded,  under  the  provisions  of  this  Act,  by  the  said  Board  of  Super- 
visors; and  he  shall  award  the  same  for  said  time  to  ihe  lowest  responsible 
bidder  proposing  to  advertise  the  same  in  a  newspaper  of  general  circulation 
in  said  City  and  County. 

Sec.  2.     All  Acts  and  parts  of  Acts  in  conflict  with  the  provisions  of  this 
Act  are  hereby  repealed. 

Sec.  3,     This  Act  shall  take  effect  immediately. 


SUPPLEMENT      XXXIV. 

1867-8,   292. 


An  Act  to  authorize  the  Tax  Collector  of  the  City  and  County 
of  San  Francisco  to  appoint  ceiHain  deputies  and  clerks  in  lieu 
of  those  noio  allowed  by  laiv. 

[Approved  Marsh  25,  1868.1 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  Tax  Collector  of  said  City  and  County  shall  be  allowed, 
in  lieu  of  the  deputies  and  clerks  now  allowed  by  law,  one  Chief  Deputy 
[and]  one  Cash  Deputy,  each  at  a  monthly  salary  of  two  hundred  dollars; 
three  General  Deputies,  each  at  a  monthly  salary  of  one  hundred  and  fifty 
dollars;  also,  extra  clerks  at  salaries  at  the  rate  of  one  hiindred  and  fifty  dol- 
lars per  month  each,  for  the  time  actually  employed;  provided,  said  Tax 
Collector  shall  not  be  allowed  exceeding  twelve  thousand  dollars  for  salaries 
of  all  such  deputies  and  clerks  during  any  one  fiscal  year.'-*^ 

Sec.  2.  The  Auditor  of  said  City  and  County  is  hereby  directed  to  audit 
and  the  Treasurer  to  pay,  in  United  States  coin,  out  of  the  General  Fund  of 
said  City  and  County,  the  several  salaries  herein  provided  for,  all  demands 
therefor  to  be  first  approved  and  certified  as  correct  by  the  said  Tax  Collector. 

Sec.  3.  The  clerks  h^ein  provided  for  shall  not  have  power  to  receipt  for 
moneys  or  administer  oaths  in  matters  appertaining  to  said  office. 

Sec.  4.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage; and  all  Acts  and  parts  of  Acts  conflicting  with  the  provisions  of  this 
Act  are  hereby  repealed. 

«'See  sub.  10  sec.  1,  Act  of  March  30, 1872;  Supplement  LX,  post. 


100  THE  CONSOLIDATION  ACT. 


SUPPLEMENT     XXXV. 
1867-8,  379. 


An  Act  to  confirm  a  certain  order  passed  by  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco. 

[Approved  March  27,  186S.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  "Whereas  the  Board  of  Supervisors  of  the  City  and  County  of 
San  Francisco  passed' an  order,  numbered  eight  hundred,  •which  said  order  was 
approved  by  the  Mayor  and  President  of  the  Board  of  Supervisors,  on  January 
fourteenth,  eighteen  hundred  and  sixty-eight,  and  which  is  as  follows: 

"  Order  No.  800. — An  order  for  the  settlement  and  quieting  titles  to  land  in 
the  City  and  County  of  San  Francisco,  situate  above  high  water  mark  of  the 
Bay  of  San  Francisco  and  the  Pacific  Ocean,  and  without  the  corporate  limits 
of  the  City  of  San  Francisco. 

"The  People  of  the  City  and  County  of  San  Francisco  do  ordain  as  follows: 

"Section  1.  Immediately  after  the  passage  of  this  order,  the  Board  of 
Supervisors  shall  proceed  to  devise  and  adopt  a  plan  for  the  subdivision  into 
blocks  and  lots  of  all  the  lands  not  reserved  to  the  United  States,  situated  on 
the  peninsula  of  San  i'rancisco,  and  within  the  present  corporate  limits  of 
said  City  and  County,  and  above  the  natural  ordinary  high  water  mark  of  the 
Bay  of  San  Francisco  and  the  Pacific  Ocean,  as  the  same  existed  on  the 
seventh  day  of  July,  eighteen  hundred  and  forty-six,  and  without  the  corporate 
limits  cf  the  City  of  San  Francisco,  as  defined  in  the  Act  to  re-incorporate  the 
said  City,  passed  by  the  Legislature  of  California  on  the  fifteenth  day  of  April, 
eighteen  hundred  and  fifty-one,  so  far  as  said  Board  may  deem  such  subdi- 
vision necessary;  and  to  select  and  set  apart  for  public  uses  such  lots  and 
portions  of  said  land  as  said  Board  may  deem  necessary,  subject  to  the  limita- 
tions and  provisions  hereinafter  in  this  order  contained. 

"  Sec.  2.  After  the  adoption  of  the  plan  provided  for  in  section  one  of  this 
order,  the  Board  of  Supervisors  shall  cause  to  be  made  a  map  of  said  lands, 
according  to  said  plan.  Such  map  shall  show  the  streets  and  public  highways, 
the  blocks  formed  by  the  intersection  of  the  streets  and  public  highways,  and 
the  lots  into  which  said  blocks  shall  be  subdivided,  and  upon  such  map  shall 
be  designated  the  lots  and  porions  of  land  set  apart  for  public  uses,  and  the 
particular  use  for  which  each  lot  or  portion  of  land  shall  have  been  set  apart. 


THE  C0NS0LIDA.T10N  ACT.  101 

"  Sec.  3.  Upon  the  completion  of  the  map  provided  for  by  section  two  of 
this  order,  it  shall  be  deposited  for  public  inspection  in  the  office  of  the  Clerk 
of  the  Board  of  Supervisors,  and  there  remain  for  a  period  of  thirty  days;  and 
notice  shall  be  published  in  three  of  the  daily  papers  during  the  whole  time 
that  said  map  shall  so  remain  in  said  office. 

"Skc.  4.  Any  person  having  or  claiming  any  interest  in  any  portion  of 
said  lands,  under  and  by  virtue  of  any  of  the  provisions  of  this  order,  may  at 
any  time  before  the  completion  of  said  map,  or  while  the  same  shall  remain 
in  the  office  of  the  Clerk  of  the  Board  of  Supervisors  for  public  inspection, 
present  to  the  Committee  on  Outside  Lands,  hereinafter  in  this  order  pro- 
vided for,  a  description  and  diagram  of  the  lands  in  which  he  shall  so  claim 
an  interest,  and  have  the  same  delineated  on  said  map;  but  no  claim  shall  be 
delineated  upon  said  map  by  said  committee  unless  all  taxes  shall  have  been 
paid  thereon  for  five  fiscal  years  preceding  the  year  beginning  July  first, 
eighteen  hundred  and  sixty-six. 

"  Sec.  5.  After  the  said  map  shall  have  remained  in  the  office  of  the  Clerk 
of  the  Board  of  Supervisors  for  the  said  period  of  thirty  days,  as  provided  in 
section  three  of  this  order,  the  Board  of  Supervisors  may  examine  the  objec- 
tions, if  any,  made  thereto,  and  may  make  such  alterations  in  the  location  or 
designation  of  any  lots  or  portions  of  land  set  apart  for  public  uses  as  may 
be  necessary  to  obviate  any  objection  which  the  said  Board  shall  deem  just 
and  proper. 

"  Sec.  6.  As  soon  as  the  alterations  provided  for  in  section  five  of  this 
order  shall  have  been  made  and  delineated  on  said  map,  the  said  map  shall 
become  and  be  the  official  map  of  said  lands;  and  the  portions  of  land  thereon 
designated  as  public  streets  and  highways,  and  the  tract  or  portion  of  land 
set  apart  and  designated  on  said  map  as  a  public  park,  and  the  tract  or  por- 
tion of  land  set  apart  and  designated  thereon  as  a  cemetery,  and  lots  for  a 
Hospital,  City  Hall,  County  Jail,  Public  Schools,  Fire  Department,  City 
Library,  or  other  public  purposes,  shall  be  deemed  absolutely  dedicated  as 
such. 

"Sec.  7.  No  lot  set  apart  for  public  use,  other  than  for  a  park,  plaza, 
cemetery  or  public  square,  or  for  the  erection  thereon  of  a  City  Hall  or  build- 
ings for  a  City  Library,  Hospital,  County  Jail  or  an  Asylum,  shall  exceed  in 
extent  two  fifty  vara  lots;  and  no  tract  or  portion  of  land  set  apart  for  a  plaza 
or  public  square  shall  exceed  in  extent  four  whole  blocks,  formed  by  the  inter- 
section of  the  main  streets  of  the  plan;  and  the  tract  or  portion  of  land  set 
apart  for  a  cemetery  shall  not  be  less  in  extent  than  two  hundred  acres;  and 
the  tract  or  portion  of  laud  set  apart  for  a  public  park  shall  not  be  less  than 
one  thousand  acres. 

"  Sec.  8.  No  person  shall  be  entitled  to  receive  compensation  for  any  lot 
or  portion  of  laud  set  apart  for  public  use,  unless  his  claim  shall  have  been 
delineated  on  the  map  hereinbefore  in  this  order  provided  for,  nor  until  all 


102  THE  CONSOLIDATION  ACT. 

conflictiug  claims  to  such  lot  or  portion  of  land  shall  have  been  flaally  deter- 
mined; and  uo  person  shall  be  entitled  to  receive  compensation  for  any  por- 
tion of  land  included  in  any  street  or  highway. 

"  Skc.  0.  All  that  portion  of  the  land  described  in  section  one  of  this 
order  which  lies  south  of  a  line  drawn  due  south,  eighty-one  degrees  and 
thirty-live  minutes  east,  magnetic,  through  Seal  Rock,  and  west  of  a  line 
easterly  not  less  than  two  hundred  feet  from  ordinary  high  water  mark,  is 
hereby  reserved  and  set  apait  for  public  use  as  a  public  highway. 

"  Sec.  10.  After  the  committee  hereinafter  provided  for  in  section  thirteen 
shall  have  made  their  final  report  upon  the  said  map  and  reservations,  and 
the  report  shall  be  ratified  by  the  Board  of  Supervisors,  it  shall  be  the  fur- 
ther duty  of  the  said  committee  to  make  a  just  appraisement  of  the  lands 
reserved  for  public  uses  other  than  for  streets  and  highways,  and  to  make  a 
just  and  equitable  assessment  of  the  value  of  the  lands  so  reserved,  ratably 
and  equitably  upon  and.  to  each  piece  and  parcel  of  land  delineated  on  said 
map,  according  to  the  appraised  value  of  said  lands  (exclusive  of  the  lands 
reserved  for  public  streets  and  highways).  They  shall  make  their  report  in 
duplicate,  under  their  hands  or  the  hands  of  a  majority  of  them;  one  copy 
of  which  said  report  shall  Ve  filed  in  the  of3&ce  of  the  Clerk  of  the  Board  of 
Supervisors  and  the  other  copy  of  said  report  shall  be  filed  in  the  office  of 
the  City  and  County  Recorder;  provided,  that  no  member  of  such  committee 
shall  act  in  making  such  appraisements  or  assessments  who  shall  be  inter- 
ested in  any  of  the  lauds  to  be  affected;  and  in  case  any  member  of  said  com- 
mittee shall  be  so  interested,  the  Board  of  Supervisors  shall  appoint  some 
other  member  to  act  in  his  place  in  making  said  appraisements  and  assess- 
ments. The  said  committee  shall  be  sworn  to  faithfully  discharge  their 
duties. 

"Sec.  11.  Upon  the  payment  to  the  County  Treasurer  of  the  City  and 
County  of  San  Francisco  of  the  amount  assessed  by  the  committee  provided 
for  in  section  thirteen  of  this  order,  upon  the  lands  as  provided  for  in  section 
ten  of  this  order,  the  City  and  County  of  San  Francisco  hereby  relin- 
quishes and  grants  all  the  right,  title  and  claim  which  the  said  City  and 
County  now  has  or  may  hereafter  acquire  as  the  successor  of  the  Pueblo  of 
San  Francisco,  or  as  the  grantee  or  the  patentee  of  the  United  States,  in  and 
to  the  lands  hereinbefore  in  this  order  described,  and  not  excepted  or  reserved, 
or  intended  to  be  excepted  or  reserved,  by  any  of  the  preceding  sections  or 
provisions  of  this  order,  and  which  may  not  be  set  apart  for  public  use  under 
any  of  the  preceding  sections  and  provisions,  and  upon  which  shall  be  paid, 
previous  to  the  first  day  of  April,  eighteen  hundred  and  sixty-eight,  all  taxes 
■which  have  been  assessed  thereon  during  the  five  fiscal  years  preceding  the 
year  beginning  July  first,  eighteen  hundred  and  sixtj^-six,  unto  the  person,  or 
to  the  heirs  and  assigns  of  persons,  who  were,  on  the  eighth  day  of  March, 
€ighteen  hundred  and  sixty-six,  in  the  actual  bona  fide  possession  thereof,  by 
themselves  or  their  tenants,  or,  having  been  ousted  from  such  possession  be 


THE  CONSOLIDATION  ACT.  103 

lore  or  since  said  day,  have  recovered  or  may  recover  the  same  by  legal 
process.  And  it  is  hereby  declared  to  be  the  intent  and  object  of  this 
section  to  pass  the  right,  title  and  claim  of  the  said  City  and  County  iu  and 
to  every  tract  or  portion  of  said  laud  delineated  on  said  map,  except  the 
portions  that  are  or  may  be  reserved  as  aforesaid,  possessed  by  one  per- 
son, unto  the  possessor  thereof  in  severalty;  and  every  separate  tract  or  por- 
tion thereof,  except  the  portions  that  are  or  may  be  reserved  as  aforesaid, 
possessed  by  more  than  one  person,  jointly  or  in  common,  unto  the  pos- 
sessors thereof,  jointly  or  in  common. 

"Sec.  12.  The  grants  and  relinqui.-.hments  by  this  order  made  shall  be 
subject  to  the  selections,  reservations  and  conditions  hereinbefore  in  this  or- 
der made  and  provided  for. 

"  Sec.  13.  A  committee  of  five  members  of  the  Board  of  Supervisors  phall 
be  chosen  by  said  Board,  whose  duty  it  shall  be  to  prepare  and  report  to  the 
Board  the  plan  provided  for  iu  section  two  of  this  order,  to  supervise  the  mak- 
ing of  the  map  provided  for  in  section  three,  to  select,  set  apart  and  designate 
the  lots  and  portions  of  land  hereinbefore  provided  to  be  set  apart  for  public 
use,  and  generally  to  superintend  the  carrying  out  of  the  provisions  of  this 
order;  all  the  acts  of  said  committee  to  be  subject  to  the  approval  of  the  Board 
of  Supervisors. 

"  Sec.  14.  The  committee  aforesaid  shall  receive  a  reasonable  compensa- 
tion for  their  services,  to  be  determined  by  the  County  Judge. 

"  Sec.  15.  Whenever  a  survey  shall  be  required  to  determine  the  bounda- 
ries of  any  claim  or  portion  of  any  claim,  whether  ordered  by  the  committee 
or  requested  by  the  claimants,  the  expenses  of  such  survey  shall  be  borne  by 
such  claimants;  and  no  survey  shall  be  received  by  the  committee  except  it 
shall  have  been  made  by  the  City  and  County  Surveyor,  or  a  surveyor  desig- 
nated by  the  committee;  and  the  amount  of  compensation  for  such  survey 
shall  be  fixed  by  the  committee  at  areasonable  rate,  not  to  exceed  the  ordi- 
nary charges  for  such  services. 

"Sec.  16.  The  Board  of  Supervisors  shall  provide  by  order  for  the  dis- 
tribution and^Dayment  to  those  entitled  thereto  of  the  moneys  assessed  lor  the 
cost  of  reservations,  and  which  shall  have  been  paid  to  the  City  and  County 
Treasurer,  under  the  provisions  of  section  eleven  of  this  order. 

"  Sec.  17.  Nothing  in  this  order  contained  shall  have  the  effect  to  annul  or 
invalidate  any  action  or  proceeding  heretofore  had  or  commenced  under  the 
orders  which  are  by  this  order  repealed;  and  it  shall  not  be  necessary  to  do 
anew,  under  this  order,  anything  therein  provided  for  which  is  also  provided 
for  in  the  orders  aforesaid,  and  which  has  been  done  under  and  in  pursuance 
of  the  provisions  of  said  orders,  and  have  been  ratified  by  the  Board  of  Super- 
visors; and  all  proceedings  commenced  under  said  orders,  relating  to  maps 
and  surveys  not  yet  completed,  shall  be  continued  and  complet.d  under 
this  order. 


104  THE  CONSOLIDATION  ACT. 

.  "Sec.  18.  Order  seven  hundred  and  thirty-three,  and  all  orders  and  parts 
of  orders  and  resolutions,  so  far  as  they  conflict  with  the  provisions  of  this 
order,  are  hereby  repealed. 

"  Sec.  19.  This  order  is  subject  in  all  its  parts  to  ratification  by  the  Legis- 
lature, for  which  application  shall  be  made  by  the  Board  of  Supervisors." 

Be  it  therefore  enacted,  that  the  within  and  before  recited  order  be  and  the 
same  is  hereby  ratified  and  confirmed;  and  all  proceedings  heretofore  had, 
and  which  have  taken  place  or  shall  hereafter  take  place  under  its  provisions, 
are  ratified  and  confirmed  in  all  respects;  provided,  that  after  the  Board  of 
Supervisors  shall  have  set  apart  a  tract  of  land  for  a  cemetery,  as  provided  in 
said  order,  and  shall  have  set  apart  a  tract  of  land  for  a  public  park,  as  therein 
provided,  the  said  Board  may,  if  in  their  judgment  the  same  would  be  better 
for  the  public  health  or  convenience,  by  a  vote  of  at  least  ten  members,  and 
with  the  approval  of  the  Mayor,  exchange  such  lands  so  set  apart  for  cemetery 
purposes  for  other  lands,  not  less  than  two  hundred  acres  in  extent,  to  be  used 
as  a  cemetery;  and  they  may  also  exchange  said  lands  so  set  apart  for  a  pubic 
park  for  other  lands  for  the  purposes  of  a  public  park,  and  not  of  less  extent 
than  one  thousand  acres;  but  no  person  in  actual  possession  of  any  of  the 
lauds  mentioned  in  the  first  section  of  said  order  on  the  said  eighth  day  of 
March,  eighteen  hundred  and  sixty-six,  and  on  which  five  years'  taxes  shall 
have  been  paid,  as  provided  in  such  order,  shall  be  dispossessed  of  any  of 
said  lands  under  any  order  heretofore  or  hereafter  made  by  said  Board  of 
Supervisors  for  the  reservation  of  any  of  said  lands  for  public  uses,  except 
for  streets,  until  compensation  shall  have  been  actually  made  to  such  person, 
as  provided  in  said  Order  Number  Eight  Hundred;  and  until  such  compensa- 
tion shall  have  been  made  such  person  shall  be  allowed  to  continue  in  posses- 
fion  of  such  lands  so  iJossessed  by  them. 

Sec.   2.     This  Act  shall  take  effect  from  and  after  its  passage. 


SUPPLEMENT     XXXVI 
1867-8,  410. 


An  Act  further  to  provide  for  the  ratification  and  confirmation  of  a 
certain  Order  passed  by  the  Board  of  Sujjervisors  of  the  City 
and  County  of  San  Francisco,  and  to  modify  certain  provisions 
of  the  same. 

1  Approved  March  27,  1868.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  1.    Nothing  in  the  provisions  of  a  certain  order  passed  by  the  Board 
of  Supervisors  of  the  City  and  County  of  San   Francisco,  numbered  eight 


THE  CONSOLIDATION  ACT.  105 

hnndred,  and  entitled  "  An  Order  for  the  settlement  and  quieting  titles  to 
land  in  the  City  and  Countj^  of  San  Francisco,  situate  above  high  water  mark 
of  the  Bay  of  San  Francisco  and  the  Pacific  Ocean,  and  without  the  corporate 
limits  of  the  City  of  San  Francisco,"  nor  in  the  provisions  of  any  Act  con- 
tirming  or  purporting  to  confirm  the  same,  shall  authorize  the  said  Board  to 
exchange  any  lands  set  apart  and  reserved,  or  to  be  set  apart  and  reserved, 
for  a  cemetery  or  a  park,  nor  to  deprive  the  said  Board  of  the  power  of  taking 
immediate  possession  of  any  lauds  hereafter  reserved  for  public  use  under  the 
l)rovisious  of  said  Order  Number  Eight  Hundred,  or  by  virtue  of  the  terms 
of  an  Act  of  Congress  approved  March  eighth,  eighteen  hundred  and  sixty-six, 
entitled  an  Act  to  quiet  the  title  to  certain  lands  within  the  corporate  limits  of 
the  City  of  San  Francisco. 

Skc.  2.  Whenever  the  report  of  appraisement  mentioned  in  section  ten  of 
said  Order  Number  Eight  Hundred  shall  have  been  made  and  filed,  as  therein 
provided,  it  shall  be  the  dnty  of  the  City  and  County  Recorder  to  make  out, 
certify  and  deliver  to  the  Tax  Collector  of  said  City  and  pounty  a  copy  of  the 
same,  which  copy  shall  be  deemed  and  held  to  have  the  same  force,  effect  and 
validity,  in  regard  to  the  sums  therein  assessed,  as  an  assessment  roll  duly 
apjaroved  by  said  Board  of  Equalization  in  regard  to  State  and  County  taxes. 
The  said  Tax  Collector  shall  proceed  to  collect  the  said  several  sums  of  money 
assessed  in  said  report  in  the  same  manner  as  State  and  County  taxes  are 
collected  by  him  in  said  City  and  County;  and  all  the  provisions  of  the  various 
Acts  relating  to  the  collection  of  the  public  revenue  in  said  City  and  County 
not  inconsistent  with  the  provisions  of  said  Order  Number  Eight  Hundred, 
nor  the  provisions  of  this  Act,  shall  apply  to  the  collection  of  the  sums  of 
money  so  assessed  as  aforesaid. 

Skc.  3.     This  Act  shall  take  effect  from  and  after  its  passage. 


SUPPLEMENT     XXXVII. 

1867-8,  458. 


An  Act  to  i^rovide  funds  to  be  applied  to  btdldinrj  a  Hospital  in  the 
City  and  County  of  San  Francisco. 

[Approved  Marcli  28,  1868.1 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  folloics: 

Section  1.     The  Mayor,  Auditor,  and  Treasurer  of  the  City  and  County  of 
San  Francisco,  by  and  with  the  consent  of  the  Board  of  Supervisors  of  said 


106  THE  CONSOLIDATIOM  ACT. 

City  and  County  first  obtained  by  ordinance,  are  hereby  authorized  and  em- 
powered to  issue  from  time  to  time,  as  may  be  directed  by  the  said  Board  of 
Supervisors  and  as  may  be  necessary  for  the  purposes  herein  named,  bonds 
not  exceeding  in  the  aggregate  the  sum  of  two  hundred  and  fifty  thousand 
dollars. 

Sec.  2.  Said  bonds  shall  be  issued  in  such  manner  and  at  such  times,  not 
inconsistent  with  the  foregoing  section,  and  made  payable  in  the  City  and 
County  of  San  Francisco,  at  the  ofiice  of  the  Treasurer  of  said  City  and 
County,  both  principal  and  interest,  at  such  times,  not  exceeding  twenty 
years  from  the  time  of  their  issuance,  as  the  Board  of  Supervisors  may  pre- 
scribe by  ordinance.  The  interest  on  said  bonds  shall  not  exceed  seven  per 
cent,  per  annum,  and  shall  be  paid  semi-annually;  and  both  principal  and 
interest  shall  be  payable  in  United  States  gold  coin. 

Sec.  3.  The  said  bonds  shall  be  signed  by  the  Mayor,  Auditor,  and  Treas- 
urer of  the  City  and  County  of  San  Francisco,  and  shall  be  known  as  the 
♦'  Hospital  Fund  Bonds  of  the  City  and  County  of  San  Francisco." 

Sec.  4.  Said  bonds  shall  have  coupons  attached  to  them  for  the  semi- 
annual interest  which  may  accrue  upon  them,  signed  by  the  Auditor  of  said 
City  and  County;  and  the  faith  and  credit  of  the  said  City  and  County  of 
San  Francisco  are  hereby  pledged  for  the  redemption  of  the  same  and  for 
the  payment  of  the  principal  and  interest  thereof. 

Sec.  5.  Whenever  said  bonds  or  any  portion  of  them  are  issued,  the 
Treasurer  and  Auditor  of  said  City  and  County  are  hereby  authorized  and 
empowered  to  sell  the  same  to  the  highest  bidder  therefor,  after  having  first 
advertised  the  same  for  three  successive  weeks  in  three  daily  newspapers 
published  in  said  City  and  County.  All  moneys  derived  from  the  issue  and 
sale  of  said  bonds  shall  be  appropriated  and  used  for  the  purpose  of  build- 
ing and  furnishing  a  hospital,  and  for  improving  and  inclosing  said  hospital 
grounds  in  the  City  and  County  of  San  Francisco;  the  location,  style,  and 
material  thereof;  the  construction,  the  furnishing,  and  all  contracts  and  plans 
relating  thereto,  to  be  determined  by  said  Board  of  Sui^ervisors,  and  in  all 
cases  to  be  approved  before  the  adoption  or  ratification  of  the  same  by  the 
Mayor,  Auditor,  and  Treasurer  of  said  City  and  County.  But  no  bonds 
authorized  to  be  issued  by  this  Act  shall  be  sold  for  a  less  sum  than  seventy- 
five  cents  in  gold  coin  on  the  dollar,  par  value.  l_Amended  February  2,  1872; 
1871-2,  64.] 

Sec.  6.  To  secure  the  payment  of  the  principal  and  interest  of  said  bonds, 
the  Board  of  Supervisors  of  the  said  City  and  County  of  San  Francisco  shall, 
when  deemed  necessary  by  them,  for  the  purpose  in  this  section  provided, 
levy  an  annual  tax  upon  all  the  taxable  propsrty  in  the  said  City  and  County 
of  San  Francisco;  and  a  sufiicient  sum  or  sums  shall  be  raised  by  such  annual 
levies  to  pay  the  principal  of  said  bonds  when  the  same  shall  become  due. 
And  it  shall  be  the  duty  of  the  Treasurer  of  said  City  and  County  to  set  apart 


THE  CONSOLIDATION  ACT.  107 

annually,  ou*^^  of  the  moneys  coming  into  the  treasury  to  the  credit  of  the 
Hospital  Fund,  raised  by  said  annual  tax,  a  sum  sufficient  to  pay  the  semi- 
annual interest  on  said  bonds,  and  also  to  provide  a  Sinking  Fund  sufficient 
for  the  redemption  of  the  same  at  maturity. 

Sec.  7.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 


SUPPLEMENT    XXXVIII 
1867-8,  4G3. 


.1/1  Act  to  autliorizc  the  Board  of  Supervisors  of  the  Citi/  and 
County  of  San  Francisco  to  modify  and  change  the  grade  of 
streets  in  said  City  and  County. 

[Approved  March  28,  186S.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered,  upon  petition  of  the  owners 
of  three-fourths  of  the  property  to  be  affected  thereby^^ — said  property  to  be 
ascertained  and  indicated  by  said  Board  of  Supervisors  in  the  manner  pro- 
vided in  the  first  subdivision  of  section  two  of  this  Act — to  change  and  modify 
the  grade  of  any  street  or  avenue,  or  of  any  part  of  any  street  or  avenue,  in 
said  City  and  County,  as  is  hereinafter  provided. 

Sec.  2.  The  grade  of  any  street  or  avenue,  or  portion  of  any  street  or 
avenue,  the  grade  of  which  has  been  fixed  by  ordinance,  shall  not  be  altered 
or  changed,  except  upon  an  adjustment  of  the  benefits  and  damages;  and  the 
proceedings  shall  be  as  follows: 

Firs'.  The  Boai'd  of  Supervisors,  upon  the  receipt  of  a  petition  in  confor- 
mity with  the  provisions  of  section  one  of  this  Act,  shall  publish  in  the  official 
newspaper  of  said  Citj'  and  County  a  notice  of  their  intention  to  make  such 


"  The  Act  of  April  2,  1870;  1369-70.  650;  provides  as  follows:  "The  Mayor  of  the  City  and  County 
of  San  Francisco  is  hereby  authorized  i^ud  empowered,  on  behalf  and  in  the  name  of  the  City  and 
County  of  San  Francisco,  to  petition  the  Board  of  Supervisors  of  said  City  and  Comity  to  order  the 
change  of  the  official  grade  of  any  street  or  streets,  where  such  change  may  affect  any  public  square 
or  other  lot  of  laud  belonging  to  said  City  and  County;  and  such  petition  shall  have  tho  same  eflfect 
as  if  the  same  were  signed  by  or  in  behalf  of  the  owners  of  any  property  not  l^louginR  to  said  City 
and  County." 


lOS  THE  CONSOLIDATION  ACT. 

[change].  Said  notice  shall  be  published  for  thirty  days,  and  shall  describe 
the  jiroposed  change,  and  designate  the  limits  within  which  the  lots  of  land 
to  be  benefited  shall  be  assessed  to  pay  any  damages  that  may  be  awarded 
by  reason  of  the  change . 

Second.  Within  twenty  days  after  the  first  publication  of  said  notice,  anY 
person  claiming  that  he  or  she  would  sustain  damage  by  reason  of  such  change" 
shall  file  a  petition  with  the  County  Clerk,  addressed  to  the  County  Court,* 
setting  forth  the  fact  of  his  or  her  ownership,  the  description  and  situation  of 
his  or  her  property,  its  market  value,  and  the  amount  of  damage,  over  and 
above  all  benefits,  which  he  or  she  would  sustain  by  reason  of  the  proposed 
change,  if  completed,  asking  the  appointment  of  Commissioners  to  assesa 
such  damage;  which  petition  shall  be  verified  by  the  oath  of  the  petitioner, 
or  his  or  her  agent. 

Third,  On  the  filing  of  such  petition,  the  said  County  Court*  shall  take 
jurisdiction  of  the  proceedings,  and  the  County  Clerk  shall  immediately 
give  notice  thereof  to  the  President  of  the  Board  of  Supervisors. 

Fourth.  At  the  expiration  of  the  time  of  publication  of  said  notice,  and  at 
the  time  indicated  by  said  notice,  or  at  such  other  time  to  which  it  may  be 
continued,  the  County  Court*  shall  appoint  three  citizens,  who  are  freehold- 
ers in  said  City  and  County,  and  competent  jiidges  of  the  value  of  real  estate 
therein,  and  not  intere.sted  in  said  proceedings,  as  Commissioners,  to  assess 
the  benefits  and  damages  to  each  separate  lot  of  land  wiLhin  the  limits  desig- 
nated in  the  notice. 

Fifth.  The  Commissioners  shall  be  sworn  by  the  County  Judge,*  to 
make  the  assessments  of  benefits  and  damages,  to  the  best  of  their  judgment 
and  ability,  without  fear  or  favor,  and  that  they  have  no  interest  in  the  con- 
troversy, nor  in  any  of  the  land  within  the  limits  designated,  which  oath 
shall  be  filed  with  the  County  Clerk  as  part  of  the  proceedings.  A  copy 
thereof,  and  of  the  order  of  appointment,  certified  by  the  Clerk,  may  be  de- 
livered to  said  Commissioners  as  their  authority. 

Sixth.  Said  Commissioners  shall  visit  and  inspect  the  premises  to  be  as- 
sessed and  the  premises  for  which  damages  are  claimed,  with  a  committee 
from  their  body,  appointed  for  that  purpose  by  the  Board  of  Supervisors. 

Seventh.  Said  Commissioners  shall  have  power,  and  It  is  hereby  made 
their  duty,  to  examine,  under  oath,  which  any  one  of  them  is  hereby  author- 
ized to  administer,  any  witnesses  i^roduced  before  them  by  any  party,  touch- 
ing the  matters  to  be  investigated,  and  such  other  witnesses  as  they  may 
deem  necessary  to  fully  acquaint  themselves  with  the  actual  amount  of  bene- 
fits and  damages  which  will  result  to  the  respective  parties  interested  in  the 
proposed  change. 

Eighth.  Said  Commissioners,  having  determined  the  damage  which  will 
be  sustained  by  each  petitioner,  over  and  above  all  benefits  by  the  comple- 


»>row  Superior  C'oiu-t,  by  Act  of  April  3,  1880;  1880,  115. 


THE  CONSOLIDATION  ACT.  109 

fiou  of  the  ijroposed  change,  shall  proceed  to  assess  the  whole  amount 
thereof,  together  with  the  costs,  charges  and  expenses  of  the  proceedings, 
including  the  compensation  to  the  Commissioners  for  their  services,  to  be 
taxed  and  allowed  by  the  County  Judge,  ratably,  upon  the  several  lots  of 
land  benefited  within  the  limits  designated  in  said  notice,  so  that  the  same 
sbiiU  be  distributed  according  to  the  benefits  produced  by  such  change  as 
nearly  as  possible. 

KintJi.  Said  Commissioners  shall  make  their  report  in  writing,  and  shall 
subscribe  the  same  and  file  it  with  the  County  Clerk.  In  their  said  report 
they  shall  describe  each  piece  of  property  which  will  sustain  damage,  stating 
the  amount  of  the  damages  which  it  will  sustain  over  and  above  all  benefits; 
and  they  shall  also  give  a  brief  description  ct  each  lot  benefited  within  the 
designated  limits,  the  name  of  the  owner,  if  known,  and  the  amount  of  ben- 
efit assessed  against  the  same.  In  case  the  three  Commissioners  do  not 
agree,  the  award  agreed  upon  bj'  any  two  of  them  shall  be  sufficient.  On  the 
filing  of  said  report,  the  County  Clerk  shall  notify  the  Board  of  Suiiervisors, 
in  writing,  of  the  fact,  and  thereupon  the  said  Board  shall  by  ordinance  con- 
firm or  reject  said  report.  If  they  confirm  it,  the  grades  of  the  streets  shall 
be  changed  as  contemplated,  and  the  Clerk  of  the  Board  of  Supervisors 
shall  notify  the  County  Court*  that  the  Board  have  confirmed  the  report. 
The  County  Court  shall  thereupon  enter  up  judgment  against  each  lot  as- 
sessed for  benefits,  describing  the  same  as  accurately  as  can  conveniently  be 
done.  Upon  which  judgment  an  order  of  sale  may  issue  by  order  of  the 
Court,  commanding  the  Sherifi"  of  said  City  and  County  to  collect  the  amount 
therein  mentioned  by  sale  of  the  lot  assessed  in  the  mode  prescribed  by  law 
for  the  sale  of  real  estate,  the  proceeds  to  be  paid  by  the  Sheriff  to  the 
Treasurer  of  the  City  and  County  of  San  Francisco,  who  shall  place  the 
same  to  the  credit  of  the  Street  Department  Fund;  and  the  same  shall  be 
paid,  and  the  Treasurer  of  said  City  and  County  shall  pay  the  amount  col- 
lected for  damages  into  the  County  Court,*  which  shall  hold,  invest  and 
distribute  the  same  in  the  same  manner  as  provided  in  section  nineteen  of 
an  Act  entitled  an  Act  to  declare  and  regulate  the  i^ower  of  the  Board  of 
Supervisors  of  the  City  and  County  of  San  Francisco  to  take  private  lands 
for  certain  jjublic  improvements  and  to  prescribe  the  manner  of  its  execution, 
approved  April  fourth,  eighteen  hundred  and  sixty-four.  All  such  judg 
ments  shall  be  in  favor  of  the  City  and  County  of  San  Francisco,  and  shall 
be  a  lien  upon  the  lot  until  the  same  is  paid;  but  no  sale  shall  be  made  nor 
execution  issue  until  the  "County  Court  shall  determine  that  said  work 
has  been  completed. 

Skc.  3.  Before  entering  up  judgment,  the  Court  shall  fix  a  day  for  hear- 
ing parties  who  may  feel  aggrieved  by  reason  of  any  of  the  proceedings;  but 
no  objection  shall  be  considered  except  such  as  are  specifically  set  forth  in 

•Now  Superior  Court. 


110  THE  CONSOLIDATION  ACT. 

writing  by  the  parties;  and  all  errors,  omissions  and  irregnlarities  not  spe- 
cifically set  forth  shall  be  deemed  to  be  waived.  Any  party  dissatisfied  may, 
within  thirty  days  after  judgment  against  him  or  his  lot,  or  the  order  to  pay 
the  damages  assessed,  appeal  to  the  Supreme  Court  to  review  the  matter  com- 
plained of,  and  the  appeal  shall  be  taken  in  the  manner  and  with  the  same 
effect  as  prescribed  in,  and  in  all  respects  be  in  conformity  to,  an  Act  to 
declare  and  regulate  the  power  of  the  Board  of  Supervisors  of  the  City  and 
County  of  San  Francisco  to  take  private  lands  for  certain  public  improve- 
ments and  to  prescribe  the  manner  of  its  execution,  approved  April  fourth, 
eighteen  hundred  and  sixty-four;  and  all  subsequent  proceedings  shall  be  in 
conformity  therewith  and  with  the  same  effect. 

Seo.  4.  All  Acts  and  proceedings  under  this  law  shall  be  liberally  con- 
strued, and  the  judgments  and  proceedings  of  the  County  Court*  shall  be 
construed  like  judgments  and  proceedings  of  ^courts  of  general  jurisdiction. 

Sec.  5.  The  Sheriff  shall  collect  fees  for  the  execution,  in  case  an  execu- 
tion issues,  as  in  other  cases;  but  each  party  may  pay  to  the  Treasurer  the 
amount  of  the  judgment  against  him,  and  the  Treasurer's  receipt  being  pro- 
duced to  the  County  Court,*  satisfaction  of  the  judgment  shall  be  entered  by 
the  Clerk.  The  Clerk  shall  not  charge  any  fees  for  the  proceedings  unless 
execution  issues,  in  which  case  he  shall  be  authorized  to  charge  five  dollars 
for  each  execution,  to  be  collected  by  the  Sheriff  on  the  execution. 

Sec.  6.     This  Act  shall, take  effect  from  and  after  its  passage. 


SUPPLEMENT     XXXIX. 

1867-8,  558. 


An  Aet  to  provide  additional  revenue  for  the  School  Department  of 
the  City  and  County  of  San  Francisco,  and  to  change  the  time 
and  manner  of  electing  the  Superintendent  of  Public  Schools 
of  said  City  and  County. 

[Approved  March  30,  1S68.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.     \_Provides  for  levy  of  certain  taxes.     Obsolete.'] 

Sec.  2.     The  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco are  hereby  authorized  and  required  to  pay  for  the  improvement  of   all 

*Now  Superior  Court,  ante. 


THE  CONSOLIDATION  ACT.  Ill 

streets  in  front  of  school  property  in  the  same  manu(  r  and  from  the  same 
fund  from  which  other  street  improvements  in  front  of  public  property  are 
paid. 

Sec.  3.  It  shall  not  be  lawful  for  the  Board  of  Education  or  the  Board  of 
Supervisors  of  the  City  and  County  of  San  Francisco  to  dispose  of  any  real 
estate  belonging  to  the  School  Department,  except  fifty-vara  lot  three  hun- 
dred and  one,  and  the  lot  on  which  the  colored  school-house  is  located,  on 
Broadway,  between  Powell  and  Mason  streets,  which  lots  the  Board  of  Edu- 
cation, with  the  consent  of  a  majority  of  the  Board  of  Supervisors,  are 
hereby  authorized  to  sell  at  public  auction,  after  giving  thirty  days'  notice  in 
some  public  newspaper  in  said  City  and  County;  provided,  that  one-half  of 
the  proceeds  of  such  sale  shall  be  placed  to  the  credit  of  the  School  Fund  to 
pay  any  deficit  in  the  School  Fund  of  the  fiscal  year  eighteen  hundred  and 
sixty-seven  and  sixty-eight. 

Sec.  4.  It  shall  be  the  duty  of  the  Committee  on  Finance  and  Auditing  of 
the  Board  of  Education,  during  the  month  of  July  every  j'ear,  to  make  an 
annual  estimate  of  all  revenue  and  disbursements  of  the  School  Department 
for  the  current  fiscal  year,  specifying  separately  the  amount  of  funds  neces- 
sary to  defray  the  different  items  of  expenditures  for  the  first  and  last  half 
year;  and  in  no  case  shall  it  be  lawful  for  the  said  Board  to  exceed,  during 
the  first  half  year,  the  estimated  item  of  expenditures  for  that  period,  or  in 
the  entire  year,  the  revenues  collected  for  school  purposes.  All  surplus  or 
unexpended  funds  of  any  half  year  shall  be  available  for  expenditures  of  the 
following  half  year.  The  Auditor  and  Treasurer  shall  conform  strictly  to 
the  provisions  of  this  section. 

Sec.  5.  [Relates  to  election  of  Superintendent  of  Common  Schools;  Super- 
seded by  Sec.  4109  Pol.  Code."} 

Sec.  6.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this 
Act,  for  the  purposes  of  this  Act,  are  hereby  repealed. 

Sec.  7.     This  Act  shall  take  effect  on  and  after  its  passage. 


SUPPLEMENT    XL 
1867-8,   702. 


An  Act  relating  to  the  Board  of  Supervisors  of  the  City  and 
Count])  of  San  Francisco,  and  more  particularly  defining  its 
powers  and  duties. 

[Approved  March  30,  1868] 

The  People  of  the  State  of  California,  represented  in  Senate  and  .Issembly,  do 

enact  as  follows: 

Section  1.     Each  member  of  the  Board  of  Supervisors  of  the  City  and 
Connty  of  San  Francisco,  excepting  the  Mayor,  cc-cfficio  President  of   said 


112  THE  CONSOLIDATION  ACT. 

Board,  shall,  after  the  passage  of  this  Act,  be  allowed  a  salary  during  the 
time  he  is  iu  office  of  oue  hundred  dollars  a  month;  and  the  Auditor  of  said 
City  and  County  is  hereby  directed  to  audit  and  the  Treasurer  to  pay  such 
salaries,  monthly,  out  of  the  General  Fund. 

Sec.  2.  The  votes  of  seven  members  constituting  the  Board  of  Sapervis- 
ors  shall  be  necessary  to  pass  any  ordinance,  order,  or  resolution;  but  in  the 
event  of  a  veto  by  the  Mayor,  then  nine  votes  shall  be  necessary  to  pass  any 
ordinance,  order  or  resolution  over  such  veto,  otherwise  such  ordinance,  or- 
der or  resolution  shall  be  of  no  validity . 

Skc.  3.  If  a  member  of  said  Board  of  Supervisors  shall  hereafter  absent 
himself  from  the  State,  or  shall  neglect  to  attend  the  meetings  of  said  Board, 
for  a  period  of  ninety  days,  his  office  may  be  declared  vacant  by  the  Board 
and  a  successor  may  be  appointed  for  the  unexpired  term,  as  provided  in 
other  cases. 

Sbc.  4.  This  Act  shall  be  construed  so  as  to  harmonize  with  existing  laws 
in  regard  to  the  powers  and  dvities  of  the  said  Board  of  Supervisors;  and  all 
such  laws  shall  continue  in  full  force  except  so  far  as  they  may  be  inconsist- 
ent or  in  conflict  with  the  provisions  of  this  Act,  and  only  so  far  as  they  are 
inconsistent  or  in  conflict  with  this  Act  they  are  hereby  repealed. 

Sec.  5.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT  XLI. 
1869-70,  23. 


An  Act  to  authorize  the  Assessor  of  the   City  and   County  of  San 
Francisco  to  appoint  deputies. 

[Approved  January  25,  1S70.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  foUoics: 

Section  1.  The  Assessor  of  the  City  and  County  of  San  Francisco  shall 
be  allowed  to  assist  him  in  making  his  assessments,  in  lieu  of  the  deputies 
now  provided  by  law,  as  follows:  For  the  office,  one  chief  deputy,  seven  of- 
fice deputies,  one  head  draughtsman,  one  assistant  draughtsman.  For  the 
field,  one  chief  deputy  and  seven  under  deputies.  {As  amended  by  Act  of 
March  &,  1878;  1878.  173.] 


THE  CONSOLIDATION  ACT.  113 

Skc.  2.  Four  of  the  office  deputies  shall  be  paid  at  the  rate  of  one  hundred 
and  lifty  dollars  per  month  each,  and  shall  be  employed  and  paid  only  from 
the  first  day  of  February  until  the  assessment  roll  is  finally  completed  and 
handed  over  to  the  Auditor. 

Sec.  3.  The  seven  under  field  deputies  shall  be  paid  at  the  rate  of  one 
hundred  and  fifty  dollars  per  month  each.  The  term  for  which  such  depu- 
ties shall  be  paid  shall  not  exceed  an  average  of  six  months  each,  namely, 
from  the  first  day  of  February  until  the  first  day  of  March  of  each  year,  and 
from  the  first  day  of  August  until  the  first  day  of  January  of  each  year. 
[^As  amended  by  Act  of  March  &,  1878.] 

Sec.  4.  The  chief  office  deputy,  chief  field  deputy,  head  draughtsman, 
assistant  draughtsman,  and  three  under  office  deputies,  may  be  employed  the 
entire  year. 

Sec.  5.  The  chief  office  deputy,  chief  field  deputy  and  head  draughts- 
man shall  be  paid  two  hundred  dollars  per  month  each;  the  under  office 
deputies  and  assistant  draughtsman,  one  hundred  and  fifty  dollars  per  month 
each. 

Sec.  6.  The  Auditor  of  the  said  City  and  County  is  hereby  directed  to 
audit,  and  the  Treasurer  of  said  City  and  County  to  pay  out  of  the  General 
Fand,  the  salaries  herein  provided  for. 

Sec.  7.  All  Acts  and  parts  of  Acts,  so  far  as  they  conflict  with  the  pro- 
visions of  this  Act,  are   hereby  repealed. 

Sec.  8.  This  Act  shall  take  eflfect  and  be  in  force  from  and  after  its  pas- 
sage. 


SUPPLEMENT    XLII 

1869-70,  221. 


An  Act  to  confer  additional  powers  upon  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco,  and  upon  the  Au- 
ditor and  Treasurer  thereof,  and  authorize  appropriations  by 
said  Board. 

[Approved  March  9,  1870.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Section  1.     lOhsolete.] 

Sec.  2.     The  Board  of  Supervisors  are  hereby  authorized  and  directed  to 
procure  a  strongly-built  covered  spring  wagon,   capable  of   seating   twelve 


114  THE  CONSOLIDATION  ACT. 

persons,  also  two  horses  aud  harness,  etc.,  to  be  used  under  the  direction  of 
said  Sherifif,  and  excluvively  in  the  transportation  of  prisoners  and  insane 
persons. 

Sec.  3.  The  Sherifif  of  the  City  and  County  of  San  Francisco  is  hereby 
authorized  to  appoint  a  suitable  person  to  drive  and  take  charge  and  care  of 
the  two  horses,  wagon,  etc.,  named  in  section  two  of  this  Act,  who  shall  re- 
ceive a  salary  of  seventy-five  dollars  per  month,  payable  out  of  the  General 
Fund  of  said  City  and  County. 

Sec.  4.  The  Board  of  Supervisors  are  hereby  authorized  and  directed  to- 
allow  and  order  paid  out  of  the  General  Fund,  fifty  (§50)  dollars  per  months 
to  the  Sheriff,  which  shall  be  in  full  satisfaction  for  the  keeping  and  main- 
taining of  the  horses  named  in  section  two  of  this  Act. 

Sec.  5.     This  Act  shall  take  effect  immediately. 


I 


SUPPLEMENT     XLIII 
1869-70,  240. 


An  Act  to  confer  additional  powers  upon  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco,  and  upon  the  Audi- 
tor and  Treasurer  thereof,  and  to  authorize  certain  appropria- 
tions of  moneij  by  said  Board. 

[Approved   March  9,  1870.] 

The  People  of  tJie  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  appropriate,  allow  and 
order  paid  out  of  the  General  Fund,  the  several  sums  of  money  hereinafter 
mentioned,  and  to  exercise  the  foUowiug  powers,  to  wit : 

First.  To  appoint  a  Janitor  for  the  City  Hall,  at  a  salary  of  seventy-five 
dollars  per  month. 

Second.  To  appoint  four  Gardeners  to  take  charge  of  Portsmouth,  Wash- 
ington, Union  and  Columbia  Squares,  at  a  salary  of  seventy-five  dollars  per 
month  each. 

Ttiird  and  Fourth.  [^Appointment  and  salaries  of  Health  Inspectors  and 
Clerk  of  Board  of  Health.  Superseded  by  sees.  3009,  3010,  Political  Code} 
Supplement  XCI.  ] 


THE  CONSOLIDATION  ACT.  115 

Fifth.  I  Expenditure  for  persons  in  Hospital  and  Almshouse.  Superseded 
by  sub.  18,  sec.  1,  Act  of  March  30,  1872;  Supplentmt  LX.'] 

Sixth  and  Seventh.      [^Executed ."] 

Eighth.  ^Superseded  by  subs.  1  and  2,  .sec.  1,  Act  of  March  30,  1872; 
Supplement  LX.'\ 

Sec.  2.  [^Authorizes  payment  of  certain  sums  heretofore  allowed,  in  excess 
of  allowance  provided  by  lati\'\ 

Sec.  3.     This  Act  shall  take  efifect  immediately. 


SUPPLEMENT     XLIV. 
18G9-70,  353. 


All  Act  lo  exjjedite  the  settlement  of  land  titles  in  the  City  and 
County  of  San  Francisco,  and  to  ratify  and  confirm  the  acts 
and  proceedings  of  certain  of  the  authorities  thereof. 

[Approved  March  14,  1S70,] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  Upon  receiving  a  petition  from  any  person  or  persons,  claim- 
ing that  they,  by  themselves,  their  tenants  or  the  persons  through  whom 
they  claim  or  derive  possession,  have  been,  from  and  including  the  eighth 
day  of  March,  Anno  Domini  eighteen  hundred  and  sixty-six  (1866),  and  still 
are,  in  the  possession  of  any  of  the  lands  without  the  corporate  limits  of 
the  City  of  San  Francisco,  as  defined  in  an  Act  to  re-incorporate  said  city, 
passed  by  the  Legislature  of  the  State  of  California  on  the  fifteenth  day  of 
April,  Anno  Domini  eighteen  hundred  and  fifty-one  (1851),  and  described 
in  the  decree  of  Justice  Field,  of  the  United  States  Circuit  Court,  confirm- 
ing the  claim  of  the  City  and  County  of  San  Francisco,  entered  November 
second,  Anno  Domini  eighteen  hundred  and  sixty-four  (1864),  in  the  Circuit 
Court  of  the  United  States  for  the  Northern  District  of  the  State  of  Cali- 
fornia, and  that  they,  or  the  persons  through  whom  they  claim  or  derive 
possession,  have  paid  to  the  Tax  Collector  of  the  City  and  County  of  San 
Francisco  the  amount  assessed  by  the  Outside  Land  Committee  upon  th& 
land  described  in  said  petition,  to  pay  for  land  reserved  for  public  use,  pro- 


116 


THE  CONSOLIDATION  ACT. 


vided  for  in  section  ten  (10)  of  Order  Eight  Hundred  (800),  and  also  paid 
the  taxes  mentioned  in  section  four  (4)  of  said  order,  and  all  the  taxes 
levied  on  said  lands  for  State  and  municipal  purposes  now  due  and  remain- 
ing unpaid;  or,  upon  receiving  a  petition  from  any  person  or  persons,  set- 
ting forth  that  said  petitioners,  by  themselves,  their  tenants,  or  the  persons 
through  whom  they  claim  or  derive  possession,  were,  on  or  before  the  first 
(1st)  day  of  January,  Anno  Domini  eighteen  hundred  and  fifty-five  (1855), 
to  and  including  the  twentieth  (20th)  day  of  June,  Anno  Domini  eighteen 
hundred  and  fifty-five  (1855),  and  still  are,  in  possession  of  the  land  de- 
scribed in  said  petition,  embraced  within  the  corporate  limits  of  the  City  of 
San  Francisco,  and  above  high  water  mark,  as  defined  in  the  Act  to  incor- 
porate said  city,  passed  by  the  Legislature  of  the  State  of  California,  on  the 
fifteenth  (15th)  day  of  April,  Anno  Domini  eighteen  hundred  and  fiftj'-one 
(1851);  and  such  petition  in  either  case  setting  forth  that  such  lands  have 
not  been  sold,  leased,  dedicated,  reserved  or  conveyed  by  authority  of  the 
said  City  and  County  of  San  Francisco,  or  the  United  States,  to  any  one,  or 
for  any  purpose,  and  asking  for  a  grant  from  said  City  and  County,  the 
Board  of  Supervisors  shall  proceed  to  act  thereon  as  hereinafter  provided. 
This  petition  shall  be  verified  by  the  oath  or  afiirmation  of  the  party  in 
whose  behalf  the  petition  is  presented,  or  by  some  one  acting  as  his  agent, 
and  conversant  with  the  facts  detailed  in  the  petition. 

Sec.  2.     All  petitions  mentioned  in  the  first  section  of  this  Act  shall  be 
referred  to  the  Committee  on  Outside  Lands.     The  Clerk  of    the  Board  of 
Supervisors  shall  be  the  Clerk  of  the  Outside  Land  Committee.     The  party 
presenting  the  said  petition  may  aj^pear  before  said  Clerk  and  make  proof, 
verbal  and  documentary,  of  the  truth  of  the  matters  alleged  in  his  petition. 
Copies  of  the  documentary  evidence  shall  be  filed  with  said  Clerk,  and  the 
oral  testimony  shall  be  reduced  to  writing  by  said  Clerk   and  subscribed  by  , 
the  witness.     The  proofs  of  the  petitioner  being  closed,  the  said  Committee! 
shall  proceed  to  consider  the  same,  and  shall  make  such  report  and  recom- 
mendation thereon  as  to  them  shall  seem  just  and  proper  in  the   premises. 
The  said  Committee  shall  file  with  the   Clerk  of  the  Board  of   Supervisors 
the  testimony  taken  as  aforesaid,  together  with  the  report  of  the  said  Com- 
mittee, and  said  rei^ort  shall  be  submitted  to  the  Board   of  Supervisors  for 
their  approval,  and  if,  in  their  judgment,  the  claim  of  the  i^etitioner  is  well 
founded,  they  shall,  by  an  order  entered  in  their  minutes,  adjudge  and  award  ' 
a  grant  of   such  lands  to  the   petitioner  or  petitioners  therefor,   less  the 
amount  reserved  for  public  use.     The  said  Board  shall  thereupon  give  public] 
notice  of  their  award  by  notice,  published  at  least  once  a  week  for  three  J 
successive  weeks,  in  some  daily  newspaper  published  in  the  City  and  County] 
of  San  Francisco,  which  notice  shall  specify  the  name  of  the  applicant,  the  ] 
date  and  filing  of  his  petition,  and  the  tract  of  land  awarded,  by  a  good  and  i 
sufficient  description  thereof  ;  proof  of  publication  of  such  notice  shall  be 
made  in  the  manner  now  or  hereafter  required  by  law  for  the  proof  of  publi- 
■catiou  in  civil  process.     The  Clerk  of  the  said  committee  shall  be  allowed 


THE  CONSOLIDATION  ACT.  117 

compensation,  for  taking  the  oath  or  affirmation  of  witnesses,  twenty-five 
cents;  and  for  reducing  the  testimon}'  to  writing,  twenty  cents  a  folio,  which 
shall  be  in  full  for  all  services  rendered  by  him  as  Clerk  of  said  committee. 
The  compensation  herein  allowed  to  the  Clerk  of  said  Committee  shall  be 
paid  to  said  Clerk  by  the  party  presenting  the  petition. 

Sec.  3.  Upon  receiving  proof  of  the  publication  of  the  notice  provided 
for  in  the  second  section  hereof,  and  the  payment  of  all  necessary  expenses 
for  deeds,  the  Mayor  of  the  City  and  County  of  San  Francisco  is  hereby 
authorized  and  empowered  to  execute,  acknov;ledge  and  deliver  to  the  party 
or  parties  jiresenting  the  aforesaid  petition,  a  deed  of  conveyance  of  the 
tract  or  lot  of  land  as  aforesaid,  adjudged  and  awarded  to  the  petitioner,  and 
attach  thereto  the  corporate  seal  of  the  City  and  County  of  San  Francisco; 
provided,  the  petitioner  or  petitioners  shall,  before  receiving  a  deed  as  afore- 
said, be  required  to  quitclaim  and  peaceably  deliver  the  possession  of  all 
land  claimed  by  said  petitioner  or  petitioners,  reserved  by  the  Commissioners 
acting  under  Ordinance  Eight  Hundred  and  Twenty-two  (822),  and  all  those 
lands  reserved  by  the  Committee  of  the  Board  of  Outside  Lands  for  the  use 
and  benefit  of  the  City  and  County  of  San  Francisco;  Xf^ovided,  however, 
that  in  case  a  suit  shall  be  pending  between  the  petitioner  and  some  third 
person,  involving  the  right  of  possession  of  the  tract,  or  some  portion  there- 
of, petitioned  for,  and  such  third  person  shall  file  with  the  Clerk  of  the 
Board  of  Supervisors  a  copy  of  the  complaint  filed  in  such  action,  before 
the  deed  shall  have  been  executed  and  delivered  to  the  petitioner,  and  also 
competent  proof  that  such  third  persons,  or  the  persons  through  whom  they 
claim  or  derive  possession,  have  paid  the  taxes  and  assessments  mentioned 
in  the  first  section  of  this  Act,  then  and  in  that  case  the  deed  shall  be  with- 
held until  such  suit  shall  be  finally  determined;  and  there  shall  thereafter 
be  executed  a  deed  of  conveyance  of  so  much  of  the  tract  of  land  as  shall 
be  involved  in  the  said  suit,  to  the  party  in  whose  favor  the  said  suit  shall 
be  finally  determined  as  aforesaid;  j't'ovided,  further,  that  the  exjienses  here- 
inafter provided  for  shall  be  paid  before  such  conveyance  shall  be  deliv- 
ered. 

Skc.  4.  Upon  the  filing  of  a  petition,  as  hereinbefore  provided,  the  peti- 
tioner shall  deposit  with  the  Clerk  of  the  Board  of  Supervisors  a  sum  of 
money  sufiicieut  to  pay  for  the  publication  of  the  notice  hereinbefore  pro- 
vided, and  other  expenses  incident  to  the  granting  of  the  prayer  of  the  peti- 
tioner. But  the  Clerk  shall  not  receive  on  file  any  petition  that  shall  not  be 
in  conformity  wiih  the  provisions  of  this  Act. 

Sec.  5.  A  conveyance  executed  and  delivered  in  pursuance  of  the  pro- 
visions of  this  Act  shall  operate  as  an  acknowledgment  on  the  part  of  the 
said  City  and  County,  that  the  title  to  the  land  therein  described  has  passed 
under  and  by  virtue  of  said  Order  Number  Eight  Hundred  (800),  or  of  said 
Ordinance  Number  Eight  Hundred  and  Twenty-two  (822),  as  the  case  mny 
be,  and  also  under  and  by  virtue  of  the  several  Acts  of  Congress  and  the 


118  THE  CONSOLIDATION  ACT. 

Legislature  ratifying  said  order  and  ordinance,  or  under  the  authority  of 
which  the  same  have  been  passed;  and  such  conveyance  shall  likewise  oper- 
ate to  grant,  convey,  remise  and  release  to  the  party,  his  heirs  and  assigns, 
named  therein,  the  lands  in  such  conveyance  described,  and  all  the  estate 
and  interest,  present  and  future,  of  the  said  City  and  County  of  San  Fran- 
cisco, in  and  to  such  lands.  But  no  such  conveyance  shall  in  any  event  be 
held  to  import  a  warranty  or  covenant  of  title  on  the  part  of,  or  to  bind  said 
City  and  County,  or  any  officer  thereof. 

Sec.  6.  All  orders  and  parts  of  orders  of  the  Board  of  Supervisors  of  the 
City  and  County  of  San  Francisco,  conflicting  with  order  Eight  Hundred  and 
Sixty-six  (866),  are  hereby  repealed,  but  such  repeal  shall  not  invalidate  any 
of  the  proceedings  instituted  under  the  order  of  which  Order  Eight  Hundred 
and  Sixty-six  (8GG)  is  amendatory,  and  such  proceedings  may  be  continued 
under  the  provisions  of  said  Order  Eight  Hundred  and  Sixty-six  (8GG). 
"Whenever  such  proceedings  have  been  completed,  and  the  Committee  on  Out- 
side Lands  of  said  Board  of  Supervisors,  or  a  majority  of  them,  have  exe- 
cuted and  delivered  a  deed  or  deeds,  the  person  or  persons  to  whom  such 
deed  or  deeds  were  executed,  may  obtain  from  the  Mayor,  at  his  or  their  own 
expense,  a  deed  of  the  same  laud,  executed  by  him  and  sealed  with  the  cor- 
porate seal  of  the  City  and  County  of  San  Francisco,  without  further  peti- 
tion, proof,  award  or  notice;  and  the  Mayor  is  hereby  authorized  and  em- 
powered to  execute  such  deeds.  Any  and  all  such  deeds  sholl  have  the  like 
force  and  efifect  as  the  conveyances  mentioned  in  section  five  of  this  Act; 
provided,  that  if  any  grantee  in  any  deed  executed  by  such  committee  has 
heretofore  sold  or  conveyed  any  land  included  in  such  deed,  or  his,  her  or 
their  interest  in  such  land,  by  writing  recorded  in  the  office  of  the  City  and 
County  Recorder  of  the  City  and  County  of  San  Francisco,  the  deed  exe- 
cuted by  the  Mayor,  and  sealed  with  the  aforesaid  corporate  seal,  shall  be,  as 
to  the  lands  so  sold  or  conveyed,  for,  and  inure  to  the  benefit  of  such  pur- 
chaser or  purchasers,  grantee  or  grantees,  and  their  heirs,  and  the  deed  exe- 
cuted by  the  Mayor  shall  expressly  so  state. 

Sec.  7.  Whereas,  divers  co-owners  and  tenants  in  common  of  certain 
tracts  of  land  situate  in  the  City  and  County  of  San  Francisco,  and  within 
the  limits  described  in  Order  Number  Ei{i:ht  Hundred  (800)  of  said  Board  of 
Supervisors,  who  are  or  claim  to  be  in  possession  thereof  as  such  owners  and 
tenants  in  common,  under  and  in  accordance  with  the  terms  and  provisions 
of  said  Order  Number  Eight  Hundred  (800),  and  as  such  alleged  co-owners 
and  tenants  in  common,  have  had  said  tracts  of  land  delineated  by  metes 
and  bounds,  and  as  entireties,  upon  the  map  mentioned  and  provided  for  in 
said  Order  Number  Eight  Hundred  (800),  and  have  also  severally  paid  their 
proportionate  share  of  the  taxes  lapon  said  tracts  of  land  for  the  five  fiscal 
years  preceding  the  year  beginning  July  first  (1st),  eighteen  hundred  and 
sixty-six  (1866),  and  all  subsequent  taxes  due  thereon,  and  have  filed  with 
said  Board  their  petition,  claiming  said  land  under  and  in  accordance  with 


THE  CONSOLIDATION  ACT.  119 

the  terms  and  provisions  of  said  order  and  Order  Number  Seven  Hundred 
and  Forty-eight  (748)  of  said  Board;  now,  therefore,  it  shall  be  lawful  for 
any  such  alleged  co-owners  or  tenants  in  common  of  lands  situate  within  the 
limits  described  by  said  Order  Number  Eight  Hundred  (800),  or  one  or  more 
thereof,  or  his  or  their  successor  or  successors  in  interest,  who  shall  have 
l^erformed  the  acts  and  conditions  aforesaid,  to  pay,  as  such  co-owners  or 
tenants  in  common,  his  or  their  proportionate  share  of  the  amount  of  any 
and  all  taxes  or  assessments  now  levied  and  due,  or  which  may  hereafter  (at 
any  time  prior  to  the  deliverj'  of  a  deed  from  the  City  and  County  of  San 
Francisco,  for  his  or  their  undivided  interest  in  said  lands)  be  levied  and  be- 
come due  upon  the  tract  or  tracts  of  laud,  wherein  he  or  they  hold  as  such 
co-owneis  or  tenants  in  common;  and  to  facilitate  the  payment  of  such  pro- 
portionate shares,  the  Tax  Collector  is  hereby  authorized  to  divide  into 
smaller  parcels  any  tract  of  laud  claimed  by  co-owners,  owners  in  severalty 
or  tenants  in  common,  and  to  apportion  to  each  subdivision  the  ratable  pro- 
portion, value  considered,  of  the  assessment  made  to  the  whole  tract  so  di- 
vided, and  after  the  payment  of  the  apportioned  assessment  upon  any  one 
of  such  subdivisions,  no  valid  objection  shall  be  made  by  any  party  to  the 
acts  of  the  Tax  Collector  in  respect  to  such  division,  and  the  apportioned 
assessment  shall  become  as  valid  and  binding  upon  the  respective  subdivis- 
ions to  which  they  have  been  so  aj^portioned,  as  if  no  division  had  been  made 
by  said  Tax  Collector. 

Sec.  8.  All  of  the  acts  and  proceedings  of  the  Tax  Collector  of  the  City 
and  County  of  San  Francisco,  taken  or  done  by  him  in  pursuance  of  or  un- 
der the  authority  of  any  order  or  resolution  of  the  Board  of  Supervisors  of 
said  City  and  County,  or  in  puisuanceof  or  under  the  authority  of  any  Act 
of  the  Legislature  of  the  State  of  California,  in  reference  to  the  collection  of 
the  taxes  or  assessments  upon  what  are  commonly  designated  as  the  outside 
lands  of  the  said  City  and  County,  are  hereby  ratified  and  confirmed,  and  de- 
clared to  be  legal,  valid  and  binding,  both  upon  the  lands  embraced  within 
the  purview  of  any  such  Act  of  the  Legislature  of  this  State,  or  order  or 
resolution  of  said  Board  of  Supervisors  of  said  City  and  County. 

Sec.  9.  And  whereas,  certain  lands,  known  as  oiitside  lands  of  the  City  and 
County  of  San  Francisco,  have  been  advertised  for  sale  by  the  Tax  Collector 
of  said  City  and  County,  for  the  non-payment  of  taxes  or  assessments  levied 
thereon,  known  as  the  outside  land  tax,  which  sale  has  been  postponed  from 
time  to  lime  by  said  Tax  Collector;  and  whereas,  some  of  the  parties  claiming 
to  be  the  owners  of  portions  of  said  lands  refuse  or  neglect  to  pay  the  taxes  so 
levied  as  aforesaid,  and  have  enjoined  the  said  Tax  Collector  from  proceeding 
with  said  sale;  now,  therefore,  be  it  enacted,  that  all  the  pieces  or  parcels  of 
land  so  advertised  by  the  said  Tax  Collector  as  aforesaid,  on  which  assessments 
heretofore  levied  have  not  been  already  paid,  or  shall  not  bo  paid  to  said  Tax 
Collector  within  thirty  days  from  and  after  the  passage  of  this  Act,  shall  be 
sold  by  said  Tax  Collector  for  gold  coin  of  the  United  States,  as  hereinafter 
provided.      Said  sales  may  be  adjourned  from  time  to  time  by  said  Tax  Col- 


120  THE  CONSOLIDATION  ACT. 

lector,  not  exceeding  in  all  sixty  days,  and  may  take  place  at  snch  place  in  said 
City  and  County  as  the  said  Tax  Collector  may  designate.  The  time  during 
which  any  injunction  may  be  in  force  restraining  the  said  Tax  Collector  or 
other  ofiQcer  of  said  City  and  County  from  proceeding  with  said  sale  shall  not 
be  computed  as  any  part  of  the  periods  limited  and  fixed  within  which  he  may 
perform  the  acts  and  duties  herein  defined,  but  shall  be  excluded  therefrom. 
The  said  Tax  Collector  may  retain  in  his  custody  so  much  of  the  proceeds 
arising  from  said  sale  as  shall  be  necessary  to  liquidate  and  pay  oflf  the 
appraisements  for  reserved  lands  as  heretofore  made,  pursuant  to  Order  Num- 
ber Eight  Hundred,  and  all  such  proper  and  necessary  costs  as  he  may  be  at  in 
conducting  said  sale  and  the  collection  of  such  assessments,  and  the  overplus 
thereof  he  shall  pay  over  to  the  Treasurer  of  the  said  City  and  County;  and 
said  Treasurer  shall  carry  the  amount  so  paid  to  him  to  the  credit  of  the 
General  Fund  of  said  City  and  County.  The  amount  so  retained  by  the  said 
Tax  Collector  shall  be  paid  over  by  him  to  the  parties  entitled  thereto  under 
section  eleven  of  Order  Number  Eight  Hundred,  in  discharge  of  the  appraise- 
ments for  reserved  lands;  and  within  thirty  days  from  and  after  he  shall  have 
received  a  sum  from  assessments  equal  to  the  total  amount  of  appraisements 
for  reserved  lands,  over  and  above  the  expenses  and  costs  of  making  collec- 
tions, he  shall  settle  and  pay  off  in  full  the  appraisements  made  as  aforesaid; 
provided,  however,  when  there  are  conflicting  claimants  for  particular  ap- 
praisements, said  Tax  Collector  shall  not  be  obliged  to  make  payment  in  such 
cases  until  such  conflicting  claims  shall  be  determined,  amicably  or  other- 
wise; and  the  said  Tax  Collector  is  hereby  authorized,  from  time  to  time,  to 
make  make  distribution  on  account  of  said  ai^praisements  for  reserved  lands, 
pro  rata,  as  often  as  he  shall  have  on  hand  fifty  per  cent,  or  less  thereof. 

Sec.  10.  Said  Tax  Collector  shall  issue  to  each  successful  purchaser  a 
receipt,  in  duplicate,  for  the  amount  bid  and  paid  by  him,  which  receipt  shall 
also  contain  a  brief  description  of  the  premises  sold,  and  upon  its  face  entitle 
the  bidder,  or  his  assigns,  to  a  deed  of  conveyance  of  the  premises  therein 
described,  at  the  expiration  of  twelve  months  from  the  date  of  the  sale,  unless 
there  shall  be  a  redemption  of  the  premises  as  hereinafter  provided. 

Sec.  11.  Said  lands  shall  be  sold  subject  to  redemption,  and  such  redemp- 
tion may  be  made  at  any  time  within  twelve  months  from  the  date  of  sale, 
upon  paying  to  the  said  Tax  Collector  the  amount  bid  therefor,  together  with 
twenty-five  per  cent,  thereon  and  in  addition  thereto;  and  the  party  redeem- 
ing shall  also  pay  such  expenses  of  advertising  and  other  expenses  as  the 
said  Tax  Collector  may  have  incurred  in  and  about  the  particular  tract  from 
the  sale  of  which  redemption  is  sought  to  be  efl'ected;  provided,  that  all  lands 
sold  for  assessment  prior  to  the  passage  of  this  Act  shall  have  the  same  right 
of  redemption  as  provided  for  in  section  eleven  of  this  Act. 

Sec.  12.  The  Tax  Collector,  after  the  expiration  of  twelve  months  from  the 
date  of  sale,  in  which  there  has  been  no  redemption,  shall  make  a  convej^ance 
of  the  premises  sold  to  the  purchaser  thereof,  or  his  assigns;  and  where  there 


THE  CONSOLIDATION  ACT.  121 

has  been  a  redemption,  he  may  make  conveyance  thereof  to  the  redemp- 
tioner.  In  cases  of  redemption,  the  Tax  Collector  shall  pay  over  to  the 
holders  of  receipts  the  amount  bid,  together  with  the  sum  j^aid  by  the  re- 
demptiouer,  in  addition  to  the  bid. 

Sec.  13.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


SUPPLEMENT     XLV 

1869-70,  528. 


An  Act  to  estahlish   a  Municipal  Criminal  Court  in    the  City  and 
County  of  San  Francisco. 

[Approved  March  31,  1S70.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Sections  1  to  8.     Superseded  by  the  Superior  Court. 

Sec.  9.  The  Sheriff  of  the  City  and  County  of  San  Francisco  shall  be 
the  Sheriff  of  the  said  Municipal  Criminal  Court,  and  shall  execute,  either 
in  person  or  by  deputy,  such  of  the  process  of  said  Court  as  may  be  required 
to  be  executed  by  a  Sheriff,  and  shall  be  amenable  to  said  Court  by  proceed- 
ings, as  for  contempt,  on  his  failure  to  execute  such  process.  And  said  Sheriff 
is  hereby  authorized  to  appoint  a  depiity,  in  addition  to  those  now  appointed 
by  him,  who  shall  act  as  Bailiff  or  Deputy  Sheriff  of  said  Court,  and  who  shall 
receive  a  salary  of  one  hundred  and  fifty  dollars  per  month,  to  be  paid  in 
the  same  manner  as  the  salaries  of  the  other  deputies  of  said  Sheriff  are 
paid, 

Secs.  10  to  15.     [Obsolete.'] 

Sec.  1G.  The  District  Attorney  in  and  for  the  said  City  and  County  may, 
by  written  certificate,  signed  by  himself,  appoint  an  Assistant  District  Attor- 
ney, and  at  his  pleasure  remove  him;  who,  during  the  time  he  is  acting  as 
such  assistant,  shall  be  entitled  to  receive  a  salary  of  three  hundred  dollars  a 
month,  payable  as  the  salary  of  the  District  Attorney  is  now  made  payable 
by  the  law.  It  shall  be  the  duty  of  such  Assistant  District  Attorney  to  as- 
sist the  District  Attorney  in  the  performance  of  any  ofHcial  duty  enjoined 
upon  the  latter  by  law,  and  to  do  and  perform  such  other  duties  in  the 
prosecution  of  criminal  actions  in  the  Court  herein  established,  in  any  of 
the  Courts  of  said  City  and  County,  as  the  said  District  Attorney  may  order 
or  direct. 


122 


THE  CONSOLIDATION  ACT, 


Sec,   17.     This  Act  shall  take  effect  and  be  in  force  in  thirty  days  after  its 
passage. 


SUPPLEMENT     XLVI. 
1869-70.  579. 


An  Act  to  regulate  the  distribution  of  the  Police  Fund  of  the  City 
and  County  of  San  Francisco. 

[Approved  April  1,  1870.] 
The  People  of  the  State  of  CaUfornia,  represented  in  Senate  and  Assembly,  do 

enact  as  follows  : 

Section  1.  One-half  of  all  the  fines,  penalties  and  forfeitures  imposed  for 
offences  committed  within  the  said  City  and  County,  and  now  paid  into  the 
treasury  thereof  as  a  part  of  the  Police  Fund,  by  the  Clerk  of  the  Police 
Judge's  Court,  shall  be  paid  to  the  Treasurer  of  the  San  Francisco  Benevo- 
lent A.sHoc\iitLon;  provided,  that  such  payment  shall  not  diminish  the  amount 
now  authorized  by  law  to  be  paid  out  of  said  fines,  penalties  and  forfeitures 
to  other  associations,  or  to  the  School  Fund  of  said  City  and  County;  and 
provided,  further,  that  the  sum  so  paid  to  the  Treasurer  of  the  San  Francisco 
Benevolent  Association  under  the  provisions  of  this  Act  shall  not  in  any 
event  exceed  the  sum  of  five  thousand  dollars  per  annum. 

Sec.  2.  All  laws  and  parts  of  laws  inconsistent  herewith  are  hereby  re- 
pealed, so  far  as  they  relate  to  said  Police  Fund. 

Sec.  3.     This  Act  shall  take  effect  from  and  after  its  passage. 


SUPPLEMENT    XLVI  I. 
1869-70,  585. 


An  Act  relating  to  the  Home  of  the  Inebriate  of  San  Francisco 
and  to  prescribe  the  j^owers  and  duties  of  the  Board  of  Man- 
agers and  the  officers  thereof. 

[Approved  April  1,  1870.] 

The  People  of  the  State  of  CaUfornia,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.     The  Home  for   the  care  of   the  Inebriate  of  San  Francisco 
shall  always  be  kept  open  for  the  recejition  and  care  of  inebriates,  both  male 


i 


THE  CONSOLIDATION  ACT.  123 

and  female,  of  every  nationality  and  sect,  free  of  charf»e  for  their  support, 
care  or  medical  attendance  while  they  necessarily  remain  therein;  p?'ouuied, 
the  Superintendent  of  said  home  may  require,  on  the  admission  of  any  such 
person,  a  permit  from  at  least  one  of  the  Board  of  Managers  of  said  home, 
unless  such  person  is  committed  to  said  home  as  provided  in  the  next  sec- 
tion of  this  Act. 

Sec.  2.  Any  Police  Judge  or  magistrate  of  the  City  and  County  of  San 
Francisco  is  hereby  empowered  to  commit  any  person  whom  he  shall  convict 
of  habitual  intemperance  to  said  home,  for  a  term  not  exceeding  six  months; 
provided,  the  Board  of  Managers  of  said  home  may  release,  by  a  two-third 
vote  of  said  Board  of  Managers,  any  person  so  convicted  or  otherwise 
placed  in  said  home  before  his  or  her  sentence  shall  expire.* 

Sec.  3,  The  said  Board  of  Managers  are  hereby  empowered  to  receive 
and  to  detain  in  said  home,  under  such  restrictions  and  discipline  as  they 
shall  deem  proper,  such  persons  as  may  be  thereto  committed  or  otherwise 
placed  in  said  home;  provided,  any  Court  of  competent  jurisdiction  may  in- 
quire, by  writ  of  habeas  corpus,  into  such  detention  or  discipline,  and 
release  any  person  therefrom. 

Sec.  4.  The  said  Board  of  Managers  shall  have  power  to  make  by-laws 
and  rules  for  the  government  of  its  body,  officers  and  employees;  to  elect,  dis- 
charge and  pay  such  officers  and  employees  as  may  be  necessary  to  manage 
and  carry  on  said  home;  and  to  prescribe  rules  and  regulations  for  the  gov- 
ernment and  management  of  the  inmates  and  officers  of  said  home. 

Sec.  5.  The  Board  of  Managers  of  said  home  shall  elect  from  their  num- 
ber a  President,  Vice-President,  Treasurer  and  Secretary,  and  prescribe  their 
respective  duties  and  responsibilities. 

Sec.  6.  Any  person  having  been  an  officer  of  said  Board,  or  of  said  home, 
or  an  employee  or  inmate  thereof,  who  shall,  after  his  or  her  term  of  affice 
ceases,  or  employment  expires,  or  has  been  discharged,  retains  in  his  or  her 
possession  or  control  any  of  the  property  of  said  home,  or  the  books  or  the 
papers  of  said  Board,  or  seal  thereof,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  five  dollars  and  not  to 
exceed  five  hundred  dollars,  or  imprisonment  in  the  County  Jail  not  to  exceed 
six  mouths,  or  both  such  fine  and  imprisonment. 

Sec.  7.  The  title  to  the  lot  set  apart  by  the  Board  of  Supervisors  of  San 
Francisco,  or  a  committee  of  said  Board,  to  and  for  the  corporation  known 
as  the  "  Home  for  the  Care  of  the  Inebriate,"  is  hereby  confirmed  tj  said 
coporatiou;  and  the  title  of  said  City  and  County  in  and  to  said  lot  is  vested 
in  said  corporation  forever. 

Sec.  8.  All  Acts  and  parts  of  Acts  in  conflict  with  the  2)rovisions  of  this 
Act  are  hereby  repealed. 


*Is  this  power  not  repealeil  hy  Act  VII  of  the  Constitution  of  1879  'i 


124 


THE  CONSOLIDATION  ACT 


Sec.  9.     This  Act  shall  take  effect  immediately  after  its  passage. 
Aci  of  Mar.  17,  1876;  187G,  325;  Supplement]. 


[  See  alio 


SUPPLEMENT     XL  VIII. 
1869-70,  653. 


An  Ad  further  to  define  the  powers  and  duties  of  the  Sheriff  of  the 
City  and  County  of  San  Francisco. 

[Approved  April  2,  1870.] 
The  Peop/e  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Section  1.  The  Sheriff  of  the  City  and  County  of  San  Francisco  is  author- 
ized and  empowered  to  exact  in  advance,  and  to  receive  any  and  all  fees  that 
are  now  allowed  by  law  for  services  under  and  by  virture  of  any  process, 
order  or  proceeding  issued  or  had  in  the  Justices'  Court  of  the  City  and 
County  of  San  Francisco,  and  all  such  fees  shall  be  accounted  for  by  said 
Sheriff,  and  paid  by  him  to  the  Treasurer  of  said  City  and  County,  as  now 
provided  by  law  for  other  fees  allowed  to  the  Sheriff  of  said  City  and  County. 

Sec.  2.  It  shall  not  be  lawful  for  the  Clerk  of  said  Justices'  Court  to  de- 
mand or  receive  any  fees  for  the  service  of  any  process  or  order,  nor  for  any 
service  to  be  rendered  by  said  Sheriff. 

Sec.  3.  All  Acts  or  parts  of  Acts,  so  far  as  the  same  are  in  conflict  with 
the  provisions  of  this  Act,  are  hereby  repealed. 

Sec.  4.     This  Act  shall  take  effect  immediately  after  its  passage. 


SUPPLEMENT     XLIX. 
1869-70,    674. 


An  Act  to  define  the  powers  of  Justices  of  the  Peace  loitliin  the  City 
County  of  San  Francisco  in  criminal  cases. 

[Approved  April  2,  1870.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Section  1.     The  Justices  of  the  Peace  within  the  limits  of  the  City  and 


THE  C0NS0LIDA.T10N  ACT.  125 

Couuty  of  San  Francisco  shall  have  jiower  and  it  shall  be  lawful  for  them  to 
hear  complaints  and  issue  warrants  in  all  criminal  cas.s,  and  transfer  the 
same  to  the  Police  Court  of  said  City  and  County  for  trial  or  examination, 
by  an  indorsement  of  said  transfer  upon  the  warrant  ;  but  nothing  in  this 
Act  shall  be  so  construed  as  to  deny  to  the  said  Police  Court  of  said  City 
and  County  the  power  to  try  and  decide  certain  criminal  cases  as  now  provided 
by  law. 

Sec.  2.     All  Acts  or  parts  of  Acts,  so  far  as  they  are  in  conflict  with  this 
Act,  are  repealed. 


SUPPLEMENT     L 

18G9-70,  802. 


An  Act  to  provide  for  the  improvement  of  public  parks  in  the  City 
of  San  Francisco. 

[Approved  April  4,  1870.] 

Th«  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows  : 

Section  1.  The  lands  designated  upon  a  map  of  the  outside  lands  of  the 
City  and  County  of  San  Francisco,  made  in  pursuance  of  Order  Number 
Eight  Hundred,  by  the  word  "  Park,"  to  wit:  Extending  from  Stanyan  street 
on  the  east  to  the  Pacific  Ocean,  is  hereby  designated,  and  shall  be  known 
as  the  "  Golden  Gate  Park;"  and  the  other  parcel  of  land  fronting  on  Haight 
street,  aud  also  marked  "Park,"  is  hereby  designated  and  shall  be  known 
as  "  Buena  Vista  Park  ;  "  and  also  the  land  marked  on  said  map  "  Avenue," 
extending  from  Baker  street  westward  until  it  crosses  Stanyan  street,  shall  be 
and  remain  public  parks  of  said  City  and  County,  and  shall  be  improved  as 
such  by  the  Commissioners  hereinafter  mentioned  and  their  successors. 

Sec.  2.  The  said  parks  and  avenues  shall  be  under  the  exclusive  control 
and  management  of  a  Board  of  three  Commissioners,  who  are  hereby  des- 
ignated as  "  Park  Commissioners."*  Two  members  shall  constitute  a  quorum 
for  the  transaction  of  business;  but  no  money  shall  be  expended  or  contract 
entered  into  authorizing  the  expenditure  of  money  without  the  approval  of 
the  Mayor  of  said  City  and  a  majority  of  said  Board. 

Sec.  3.     The  Governor  of  the  State  of  California  is  hereby  authorized  aud 

*  Jurisdiction  extended,  by  Act  of  April  1,  1878,  to  Point  Lobos  road;  Act  of  1878,  967. 


126  THE  CONSOLIDATION  ACT. 

directed,  within  thirty  days  nfter  the  passage  of  this  Act,  to  appoint  three 
Commissioners,  who  shall  hold  their  offices  for  four  years,  and  v  ho  shall  re- 
ceive no  compensation  for  their  services.  In  case  of  a  vacancy,  the  same 
shall  be  filled  by  the  reruaiuiug  members  of  the  Board  for  the  residue  of  the 
term  then  vacant;  and  all  vacancies  occasioned  by  expiration  of  terms  of 
office,  or  neglect  or  incapacity  of  qualification,  shall  be  filled  by  the  Governor 
aforesaid.  Each  of  said  Commissioners  shall  be  a  freeholder  and  resident 
of  said  City  and  County. 

Sec,  4.  The  said  Board  shall  have  the  full  and  exclusive  power  to  govern, 
manage  and  direct  the  said  parks  and  avenues;  to  lay  out,  regulate  and  im- 
prove the  same;  to  pass  ordinances  for  the  regulation  and  government  of 
the  same;  to  appoint  such  engineers,  surveyors,  clerks  and  other  officers,  as 
may  be  necessary;  to  prescribe  and  define  their  respective  duties  and  au- 
thority;, to  fix  the  amount  of  their  compensation,  and  to  have  the  manage- 
ment of  the  funds  provided  for  the  improvement  thereof. 

Sec,  5,  It  shall  be  a  felony  for  any  Commissioner,  directly  or  indirectly, 
to  be  interested  in  any  contract  or  work  of  any  kind  whatever  connected  with 
either  of  said  parks  or  avenue;  and  it  shall  be  the  duty  of  any  Commissioner 
or  other  person  who  may  have  any  knowledge  or  information  of  the  viola- 
tion of  this  provision,  forthwith  to  report  the  same  to  the  Governor,  who 
shall  hear  the  allegations  in  regard  thereto;  and  if,  after  such  hearing,  he 
shall  be  satisfied  of  the  truth  thereof,  he  shall  immediately  remove  such 
Commissioner  thus  offending.  The  Governor  shall  issue  a  commission  to 
each  of  the  Commissioners  appointed  by  him,  who  shall,  within  twenty  days 
after  the  receipt  thereof,  take  and  subscribe  the  oath  of  office  prescribed  by 
law. 

Sec.  6.  The  said  Board  shall  semi-annually,  and  on  the  second  Monday 
in  January  in  each  year,  make  to  the  Legislature  of  the  State,  and  to  the 
Board  of  Supervisors  of  said  City  and  County  annually,  and  on  the  second 
Monday  of  January  in  each  year,  a  full  report  of  their  proceedings  and  a  de- 
tailed statement  of  all  their  receipts  and  expenditures. 

Sec.  7.  It  shall  be  lawful  for  the  said  Commissioners  to  let  any  portion 
of  said  grounds  from  time  to  time,  until  the  same  shall  be  required  for  the 
improvement  of  said  parks;  but  no  lease  shall  extend  beyond  three  years 
from  the  date  thereof.  All  moneys  realized  thereby  shall  be  devoted  to  the 
improvement  of  said  parks  and  avenue. 

Sec.  8.  During  the  year  next  ensuing  their  appointment,  the  said  Com- 
missioners may  expend  upon  said  parks  and  avenue  the  sum  of  one  hundred 
thousand  dollars  and  no  more  ;  and  during  the  second  year  the  sum  of  sev- 
enty-five thousand  dollars  ;  and  annually  thereafter,  for  the  next  three  years, 
the  sum  of  fifty  thousand  dollars  per  annum. 

Sec.  9.  The  said  Commissioners  shall,  from  time  to  time,  create  and  issue 
bonds,  which  shall  be  countersigned  by  the  Mayor  of  said  City  and  County, 
with  the  corporate  seal  affixed,  in  sums  of  not  less  than  three  hundred  dol- 


THE  CONSOLIDATION  ACT.  127 

lars  nor  more  than  one  thousand  dollars,  which  bonds  shall  not  exceed  in  the 
aggregate  the  sum  of  two  hundred  and  twenty-five  thousand  dollars,  and  shall 
be  payable  twenty-five  years  from  their  date,  and  may  sell  or  dispose  of  the 
same  at  not  less  than  ninety  per  cent,  of  their  par  value ,  to  create  a  fund  to 
be  called  "  Park  Improvement  Fund."  Such  bond,  and  the  interest  thereon, 
shall  be  paid  in  gold  coin.  Said  interest  shall  be  paid  semi-annually  at  the 
office  of  the  Treasurer  of  said  City  and  County,  and  said  bonds  shall  bear 
interest  at  a  rate  not  exceeding  six  per  cent  per  annum.  The  said  parks  and 
avenues  are  hereby  pledged  as  security  for  the  redemption  of  said  bonds. 
Any  balance  of  the  appropriations  made  for  any  one  year  may  be  expended 
in  any  succeding  year.  It  shall  be  lawful  for  the  holder  or  holders  of  any 
bond  or  bonds  heretofore  issued  under  the  provisions  of  the  Act  to  which 
this  Act  is  amendatory  and  supplemental,  to  surrender  such  bond  or  bonds, 
with  the  uni^aid  coupons  thereon,  to  the  Auditor  of  said  City  and  County; 
and  upon  such  surrender  being  made,  bonds  of  like  denominations  to  those 
surrendered,  payable  as  herein  provided,  with  coupons  attached  bearing  in- 
terest at  six  per  cent  per  annum,  shall  be  issued  and  delivered  to  the  person 
or  persons  making  the  surrender  aforesaid ;  and  the  Auditor  shall,  in  the  pres- 
ence of  the  Mayor,  cancel  all  bonds  and  coupons  so  surrendered  in  exchange 
for  others  as  herein  provided.     \_Ainended  March  30,  1872  ;  1871-2,  706.] 

Sec.  10.  The  Park  Commissioners  shall  sell  the  bonds  from  time  to  time, 
as  the  money  arising  therefrom  shall  be  needed  for  the  prosecution  of  im- 
provements on  said  parks,  and  all  moneys  arising  from  sales  of  bonds  shall 
be  paid  into  the  Treasiary  of  the  City  and  County  to  the  credit  of  a  fund  to  be 
known  as  the  "Park  Improvement  Fund,  "and  shall  only  be  drawn  therefrom 
upon  the  order  of  said  Park  Commissioners,  or  a  majority  of  them,  audited 
by  the  Auditor  of  said  City  and  County.  ^Amended  March  30,  1872;  1871-2, 
706.] 

Sec.  11.  For  the  payment  of  the  interest  of  the  said  bonds,  the  Board 
of  Supervisors  of  said  City  and  County  shall  order  and  cause  to  be  raised, 
by  tax  on  the  estate,  real  and  personal,  subject  to  taxation  according  to  law, 
within  said  City  and  County,  and  to  be  collected  in  addition  to  the  ordinary 
taxes,  yearly  and  everj"^  year,  sufficient  money  to  pay  the  interest  annually 
accruing  on  the  bonds  then  issued. 

Sec.  12.  The  moneys  raised  by  sales  of  such  bonds  shall  be  deposited 
with  some  one  or  more  of  the  savings  or  banking  institutions  in  said  City  and 
County,  and  snch  institution,  bank  or  banks,  with  which  the  same  may  be 
deposited,  shall  allow  interest  iipon  such  deposits,  as  maj'  be  agreed  upon 
with  said  Board,  and  shall  open  and  keep  an  account  with  said  Board.  No 
moneys  shall  be  drawn  from  said  fund  except  upon  a  warrant  signed  by  a 
maJDrity  of  the  Commissioners  and  the  Mayor. 

Sec-,  13.  It  shall  be  lawful  for  said  Board  of  Commissioners  to  pass  such 
ordinances  as  they  may  deem  necessary  for  the  regulation,  use  and  govern- 
ment of  said  parks  and  avenue,  not  inconsistent  with  the  laws  of  the  State 
of  California.     Said  ordinances  shall,  within  five  days  after  their  passage,  be 


128  THE  CONSOLIDATION  ACT. 

published  for  ten  days,  Sundays  excepted,  in  a  daily  newspaper  published  in 
said  City  and  County,  to  be  selected  bj'  said  Commissioners. 

Sec.  14.  All  persons  offending  against  such  ordinances  shall  be  deemed 
guilty  of  a  misdemeanor,  and  be  punished  on  conviction  in  the  Police  Court 
of  said  City  and  County. 

Sec.  15.     This  Act  shall  take  eff'ect  immediately. 


{The  following  is  the  remaining  portion  of  the  Act  of  March  30,  1872; 
1871-2,  706;  besides  that  incorporated  in  the  foregoing  Act:\ 

Sec.  3.  In  order  to  render  said  avenues  and  parks  of  easy  access  to  the 
citizens  of  San  Francisco,  the  said  Commissioners  are  hereby  authorized  and 
empowered  to  draw  from  the  said  "  Park  Improvement  Fund  "  not  exceeding 
the  sum  of  twenty  thousand  dollars,  and  expend  the  same  on  such  of  the 
public  streets  of  the  said  City  leading  to  said  avenues  and  parks  as  in  the 
judgment  of  said  Commissioners  shall  best  subserve  the  public  convenience; 
but  the  said  Commissioners  shall  not  expend  any  moneys  as  in  this  section 
contemplated  unless  the  property  holders  along  the  line  of  the  streets  thus 
designated  and  selected  by  the  Commissioners  shall  unite  with  the  said 
Commissioners  and  contribute  an  amount  equal  to  that  proposed  to  be  ex- 
pended by  the  Commissioners,  and  place  the  same  in  the  said  "  The  Park 
Improvement  Fund,"  the  whole  to  be  laid  out  under  the  direction  and  super- 
vision of  the  said  Commissioners. 

Sec.  4.     This  Act  shall  take  eff'ect  from  and  after  its  passage.  # 


SUPPLEMENT      LI 

1871-2,  58. 


An  Act  in  relation  to   the   office  of  the  County  Clerk  of  the  City 
and  County  of  San  Francisco. 

[Approved  February  2,  1872.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 
Section  1.  The  County  Clerk  of  the  City  and  County  of  San  Francisco 
shall  keep  open  his  office,  and  all  offices  attached  to  the  various  Courts  of 
which  he  is  the  Clerk,  within  said  City  and  County,  for  the  transaction  of 
business,  every  day  in  the  year,  except  Sunday,  New  Year's  Day,  Twenty- 
second  of  February,  Fourth  of  July,  Thanksgiving,  Christmas  Day,  and  on 
the  days  on  which  the  general  and  the  special  judicial  elections  are  held, 
from  nine  o'clock  in  the  forenoon  to  the  hour  of  four  o'clock  in  the  after- 
noon. 


THE  CONSOLIDATION  ACT.  129 

Skc.  2.  He  shall  take  charge  of  and  safely  keep,  or  dispose  of  according 
to  law,  all  books,  papers,  and  records  which  are  or  may  be  filed  or  deposited 
iu  bis  office,  and  of  all  the  Courts  of  which  he  is  Clerk;  and  he  shall  not 
allow  any  paper,  tiles,  or  records  to  leave  his  custody  except  when  required 
by  the  Judges  of  the  Courts;  to  be  used  by  them,  or  either  of  them. 

Skc.  3.  No  Judge  or  other  officer  of  any  Court  shall  make  any  order  for 
the  delivery  by  the  County  Clerk  of  said  City  and  County  of  any  paper,  files, 
or  records  in  his  custody;  nor  shall  the  Courts  or  Judges  thereof  have  any 
Ijower  to  make  orders  for  the  delivery  of  any  certificate  of  incorporation, 
bonds,  or  other  papers  filed  with  the  said  County  Clerk.  When  any  of  said 
papers  are  required  for  evidence  in  any  of  the  Courts  within  said  County  the 
County  Clerk  or  his  deputies  shall  produce  the  same,  under  subpcona  or  or- 
der of  the  Court,  or  furnish  certified  copies  of  the  same,  on  application,  on 
payment  to  said  Clerk  for  said  copies,  at  the  rate  of  ten  cents  per  folio  for 
each  one  hundred  words,  which  shall  be  allowed  said  Clerk,  to  be  used  and 
disbursed  by  him  for  copying  as  aforesaid. 

Sec.  i.  Neither  the  County  Clerk  nor  any  of  his  deputies  shall  be  required 
to  attend  as  witnesses,  in  their  official  capacities,  outside  of  the  City  and 
County  of  San  Francisco,  unless  his  expenses  be  paid,  at  the  rate  of  ten  cents 
per  mile  to  and  from-  the  place  he  may  be  required,  and  five  dollars  per  day 
for  each  day's  attendance. 

Sec.  5.  All  Acts  and  parts  of  Acts  so  far  as  they  conflict  with  this  Act,  are 
hereby  repealed. 

Sec.  6.     This  Act  shall  take  eff"ect  immediately. 


SUPPLEMENT  LII. 

1871-2,  76. 


An  Act  concerning  the  office  of  Count)/  Clerk  in  and  for  th^  City 
and  County  of  San  Francisco. 

[Approved  February  5,  1872.] 

The  People  of  the  State  of  California,  represented  in  Sena'.e  and  Assembly,  do 

enact  as  follows: 

Section  1.     The  County  Clerk  of  the  City  and  County  of  San  Francisco 
may  appoint  Deputies  as  follows:     For  the  District  Court  of  the  Fourth  Ju- 
9 


130  THE  CONSOLIDATION  ACT. 

dicial  District,  in  and  for  said  City  and  County,  one  Register  Clerk,  who 
shall  receive  a  salary  of  one  hundred  and  seventy-five  (§175)  dollars  per 
month;  one  Court  Eoom  Clerk,  who  shall  receive  a  salary  of  one  hundred 
and  seventy-five  ($175)  dollars  per  month,  and  two  Assistant  Register 
Clerks,  who  shall  receive  a  salary  of  one  hundred  and  fifty  (f  150)  dollars 
per  month  each.  For  the  District  Court  of  the  Twelfth  Judicial  District,  in 
and  for  said  City  and  County,  one  Register  Clerk,  who  shall  receive  a  salary 
of  one  hundred  and  seventy-five  ($175)  dollars  pev  month;  one  Court  Room 
Clerk,  who  shall  receive  a  salary  of  one  hundred  and  seventy-five  ($175)  dol- 
lars per  month,  and  two  Assistant  Register  Clerks,  who  shall  receive  a  salary 
of  one  hundred  and  fifty  ($150)  dollars  per  month  each.  For  the  District 
Court  of  the  Fifteenth  Judicial  District,  in  and  for  said  City  and  County,  one 
Register  Clerk,  who  shall  receive  a  salary  of  one  hundred  and  seventy-five 
C$175)  dollars  per  month;  one  Court  Room  Clerk,  who  shall  receive  a  salary 
of  one  hundred  and  seventy-five  ($175)  dollars  per  month,  and  two  Assistant 
Register  Clerks,  who  shall  receive  a  salary  of  one  hundred  and  fifty  ($150) 
dollars  per  month  each.  For  Probate  Court,  in  and  for  said  City  and 
County,  one  Court  Room  Clerk,  who  shall  receive  a  salary  of  one  hundred 
and  seventy-five  ($175)  dollars  per  month;  one  Register  Clerk  and  two 
Record  Clerks,  who  shall  receive  a  salary  of  one  hundred  and  fifty  ($150) 
dollars  per  month  each.  For  County  Court,  in  and  for  said  City  and 
County,  one  Court  Room  Clerk,  who  shall  receive  a  salary  of  one  hundred 
and  seventy-five  ($175)  dollars  per  month;  one  Register  Clerk  and  one  As- 
sistant Register  Clerk,  who  shall  receive  a  salary  of  one  hundred  and  fifty 
($150)  dollars  per  month  each.  For  Municipal  Court,  in  and  for  said  City  and 
County,  one  Court  Room  Clerk,  who  shall  receive  a  salary  of  one  hundred 
and  seventy-five  dollars  per  month;  one  Register  Clerk,  who  shall  receive  a 
salary  of  one  hundred  and  fifty  ($150)  dollars  per  month;  provided,  that  the 
Deputies  appointed  by  virtue  of  this  Act  shall  be  in  lieu  of  all  those  hereto- 
tofore  authorized  to  be  appointea  by  said  County  Clerk,  and  all  Acts  or  parts 
of  Acts  conflicting  with  this  Act,  or  providing  for  the  appointment  of  other 
Deputies  not  named  in  this  Act,  are  hereby  repealed. 

Skc.  2.  The  salaries  provided  for  in  section  one  of  this  Act  shall  be 
audited  and  paid  in  the  same  manner  as  the  salaries  of  Deputy  Clerks 
in  said  City  and  CoVinty  of  San  Francisco  have  been  audited  and  paid 
heretofore. 

Sec.  3.  The  County  Clerk  of  said  City  and  County  is  hereby  authorized 
to  employ  as  many  Copyists  (not  to  exceed  three  in  number)  as  may  be  ne- 
cessary to  perform  the  duties  of  his  ofiice,  who  shall  severally  be  paid  such 
reasonable  compensation  as  their  services  may  be  worth,  not  to  exceed  six 
cents  a  folio  of  one  hundred  words,  for  the  matter  copied  or  recorded  by 
them  respectively ;' j>rofided,  the  amount  paid  to  such  copyists  in  any  one 
month  shall  not  exceed  three  hundred  ($300)  dollars. 


THE  CONSOLIDATION  ACT.  131 

Sec.  4.  The  County  Clerk  shall  certify  monthly,  on  the  clernand.s  of  said 
Copyists,  the  number  of  folics  copied  by  each  one  of  said  Copyists,  and  such 
certificate  of  said  Clerk  shall  be  conclusive  and  sufficient  evidence  to  author- 
ize and  require  the  Auditor  of  said  City  and  County  to  audit  severally  the 
accounts  of  said  Copyists,  montblj',  and  the  payment  of  such  demands  by 
the  County  Treasurer,  out  of  the  Special  Fee  Fund,  as  is  provided  for  the 
payment  of  other  officers  of  said  City  and  County. 

Sec,  5.  The  following  Acts  and  parts  of  Acts  are  hereby  repealed :  An  Act 
entitled  "An  Act  concerning  the  office  of  the  County  Clerk  of  the  City  and 
County  of  San  Francisco,"  approved  May  fifteenth,  eighteen  hundred  and 
sixty -two;  an  Act  entitled  "  An  Act  concerning  the  office  of  County  Clerk  of 
the  City  and  County  of  San  Francisco,"  approved  March  second,  eighteen 
hundred  and  sixty-four;  an  Act  entitled  "  An  Act  concerning  the  office  of 
County  Clerk  of  the  City  and  County  of  San  Francisco,"  approved  February 
twentieth,  eighteen  hundred  and  sixty-eight;  an  Act  entitled  "An  Act  con- 
cerning the  office  of  County  Clerk  of  the  City  and  County  of  San  Francisco," 
approved  March  thirty-first,  eighteen  hundred  and  seventy. 

Sec.  6.     This  Act  shall  take  effect  immediately. 


[This   Act   is   continued  in  force  hy  Act  of  Feb.  13,  1880;    1880,  13,   and 
amended  hij  Act  of  Ajml  2,  1880;   1880,  104.] 


SUPPLEMENT    LIII 

1871-2,  232. 


All  Act  supplementary  to  an  Act  entitled  "An  xict  providing  for  an 
Attorney  and  Counselor  in  and  for  the  City  and  County  of 
San  Francisco,"  approved  March  twenty-fifth,  eighteen  hundred 
and  sixty -two. 

[Approved  March  4,  1872.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact   as  follows  : 

Section  1.  The  City  and  County  Attorney  of  the  City  and  County  of  San 
Francisco  shall  keep  in  his  office  well  bound  books  of  registry,  in  which  shall 
be  entered  and  made  a  register  of  all  actions  in  which  said  City  and  County 
Attorney  may  appear.  Each  outgoing  City  and  County  Attorney  shall  deliver 
such  books  of  registry  and  all  other  property  of  said  City  and  County  in  his 
possession  to  his  successor  in  office,  w^ho  shall  give  him  duplicate  receipts 


132 


THE  CONSOLIDATION  ACT. 


therefor,  one  to  be  filed  in  the  office  of  the  Auditor  of  said  City  and  County 
and  one  to  be  retained  by  such  outgoing  officer.  The  Board  of  Supervisors 
of  said  City  and  County  are  hereby  empowered  and  required  to  provide  com- 
plete sets  of  the  statutes  of  this  State  and  of  the  reports  of  the  Supreme  Court 
of  this  State,  for  use  in  the  office  of  the  City  and  County  Attorney,  and  the  Au- 
ditor of  said  City  and  County  is  hereby  required  to  audit  the  claims  therefor, 
and  the  Treasurer  of  said  City  and  County  to  pay  the  same  out  of  the  General 
Fund  of  said  City  and  County.  There  shall  be  two  Clerks  in  the  office  of 
said  City  and  County  Attorney,  one  of  whom  shall  receive  a  salary  of  one 
hundred  and  fifty  dollars  per  month  and  the  other  a  salary  of  seventy-five 
dollars  per  month,  and  the  Board  of  Supervisors  of  said  City  and  County  are 
hereby  authorized  and  required  to  allow  and  order  the  said  salaries  paid 
monthly  out  of  the  General  Fund. 

Skc.  2.  The  Clerks  allowed  by  this  Act  shall  be  in  lieu  of  all  others  al- 
lowed by  law  to  the  City  and  County  Attorney,  and  no  other  persons  shall 
receive  pay  from  the  Treasurer  of  the  City  and  County  for  services  rendered 
to  said  City  and  County  Attorney. 


Sec.  3. 
pealecl. 


All  Acts  or  parts  of  Acts  conflicting  with  this  Act  are  hereby  re- 


SUPPLEMENT    LIV. 
1871-2,  301. 


An  Act  creating  the  Nineteenth  and  Twentieth  Judicial  Districts, 
and  defining  the  Third,  Fourth,  Ticelfth  and  Fifteenth  Judicial 
Districts, 

[Approved  March  S,  1872.1 


The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Sections  1  to  9,  inclusive.     {Obsolete.'] 

Sec.  10.  The  County  Clerk  of  the  City  and  County  of  San  Francisco  shall 
be  ex-officio  Clerk  of  the  District  Court  of  the  Third  Judicial  District  in  and 
for  said  City  and  County,  and  also  ex-officio  Clerk  ot  the  District  Court  of  the 
Nineteenth  Judicial  District,  and  is  hereby  authorized  to  appoint  one  Kegister 
Clerk  and  one  Court-room  Clerk  for  each  of  said  Courts,  each  of  whom  shall 


THE  CONSOLIDATION  ACT.  \^3 

receive  a  salary  of  one  hundred  and  seventy-five  dollars  per  month;  also,  one 
additional  Copying  Clerk,*  who  shall  receive  a  salary  of  one  hundred  and 
fifty  dollars  per  month.  Such  salaries  shall  be  paid  in  the  same  manner  as 
the  salaries  of  other  Deputies  of  said  County  Clerk. 

Sec.  11.  The  Sheriff  of  said  City  and  County  cf  San  Francisco  is  hereby 
authorized  to  appoint  two  Deputies,  in  addition  to  those  now  appointed  by 
him,  who  shall  act  as  Bailiffs  or  Deputy  Sheriffs  of  said  Third  and  Nineteenth 
District  Courts  in  and  for  the  City  and  County  of  San  Francisco,  who  shall 
each  receive  a  salary  of  one  hundred  and  fifty  dollars  per  month,  to  be  paid 
in  the  same  manner  as  other  Deputies  of  said  Sheriff  are  paid. 

[_Secs.  12  and  13  relate  to  the  Twentieth  Judicial  District  exclusively.'] 

Sec.  14.     [Obsolete.'] 

Sec.  15.     \_Obsolete.] 

Skc.  1G.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT     LV. 

1871-2,   403. 

An  Act  in  Relation    to    Coroners  in  the  City  and  County  of 
San  Mrincisco. 

[Approved  March  16,  1872.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  Every  person  elected  or  appointed  to  the  office  of  Coroner, 
before  he  shall  enter  upon  the  duties  of  such  office,  shall  take  the  constitu- 
tional oath  of  office,  and  give  an  official  bond  in  the  sum  of  five  hundred 
dollars. 

Sec.  2.  The  duties  of  Coroner  shall  be:  First,  to  hold  inquests  upon  the 
bodies  of  persons  slain,  or  who  shall  have  committed  suicide,  or  been  found 
dead  under  such  circumstances  as  to  lead  to  a  suspicion  of  crime  committed, 
within  the  county  in  which  such  Coroner  resides;  second,  to  issue  process  for 
the  arrest  of  one  charged  upon  inquest  with  murder  or  manslaughter;  to  hold 
nquest  on  the  body  of  every  prisoner  who  dies  in  jail;  and  it  shall  be  the 
duty  of  the  Jailor,  whenever  a  prisoner  dies  in  his  custody,  to  send  for  the 
Coroner  who  has  jurisdiction,  who  shall  hold  inquest  upon  the  body  of  such 
prisoner.     The  duties  of  Coroners  upon  inquests  shall  not  be  delegated. 

»  Modified  as  to  copying  clerks  ly  Act  of  April  2,  1880;  1880,  104. 


13^  THE  CONSOLIDATION  ACT. 

Sec.  3.  Whenever  auy  Coroner  shall  receive  notice  that  any  person  has 
been  slain,  or  has  committed  suicide,  or  has  died  suddenly,  or  has  been  found 
dead  under  circumstances  such  as  to  require  an  inquisition,  it  shall  be  his 
duty  to  go  to  the  place  where  such  person  shall  be,  or  if  the  body  shall  have 
been  interred,  shall  cause  it  to  be  disinterred,  and  shall  forthwith  summon 
not  less  than  nine  or  more  than  fifteen  peisons  to  serve  as  jurors,  to  appear 
before  him  forthwith,  at  such  place  as  he  shall  appoint,  and  make  inquisition 
concerning  such  death.  He  shall  summon  noue  but  persons  duly  qualified  by 
law  to  serve  as  jurors,  and  no  such  person  shall  be  exempt,  except  at  the 
discretion  of  the  Coroner.  No  person  shall  be  summoned  who  is  related  to 
the  deceased,  or  to  any  person  who  may  be  suspected  or  charged  with  the 
killing  ;  nor  shall  any  one  be  summoned  who  is  known  to  be  prejudiced  for  or 
against  him,  but  the  jurors  who  are  selected  and  appear  .shall  not  be  challenged 
by  any  party.     \_Amended,  March  23,  1876;  1875-6,  397.] 

Sec.  4.  Every  person  summoned  as  a  juror  who  shall  fail  to  appear  with- 
out having  a  reasonable  excuse,  shall  forfeit  a  sum  not  exceeding  the  sum  of 
two  hundred  dollars,  to  be  recovered  by  the  Coroner,  in  the  name  of  the  peo- 
ple of  the  State,  before  any  Justice  of  the  Peace  in  the  proper  township, 
and  when  collected  to  be  paid  into  the  County  Treasury  for  the  use  of  the 
county. 

Sec.  5.  When  six  or  more  of  the  jurors  attend  they  shall  be  sworn  by  the 
Coroner  and  charged  by  him  to  inquire  how  and  in  what  manner  and  when 
and  where  such  person  came  to  his  death,  and  who  such  person  was,  and  into 
all  the  circumstances  attending  such  death,  and  to  make  a  true  inquisition 
according  to  the  evidence  offered  to  them  or  arising  from  the  inspection  of 
the  body. 

Sec.  6.  There  shall  be  but  one  inquest  upon  a  body,  unless  that  taken  be 
set  aside  by  the  Court  ;  and  there  shall  be  but  one  inquest  held  upon  several 
bodies  of  persons  who  were  killed  by  the  same  cause  and  who  died  at  the 
same  time.  Whenever  it  shall  appear  that  an  error  in  the  il  entity  of  the 
body  has  been  made  by  the  jury,  it  shall  be  discretionary  with  the  Coroner  to 
call  another  inquest  upon  the  body  without  reference  to  the  Court,  and  a 
memorandum  of  the  error  shall  be  entered  upon  the  erroneous  inquisition. 

Sec.  7.  After  the  jury  has  been  sworn  and  charged  by  the  Coroner,  they 
shall  go  together  with  the  Coroner  to  view  and  examine  the  body  of  the  de- 
ceased person.  They  shall  not  proceed  upon  the  inquest  until  they  have  so 
viewed  the  body.  After  the  jury  have  viewed  the  body  they  may  retire  to 
any  convenient  place  to  hear  the  testimony  of  witnesses  and  deliberate  upon 
their  verdict.  For  this  end  the  Coroner  may  adjourn  the  inquest  from  time 
to  time,  as  may  be  necessary. 

Sec.  8.  The  Coroner  may  issue  subpcenas  for  witnesses,  returnable  forth- 
with   or  at  such  time  and  place  as  he  may  appoint  therein,  which  may  be 


i 


THE  CONSOLIDATION  ACT.  135 

served  by  auy  competsnt  person  by  reading  the  same  to  the  witness  or  in- 
forming hiin  or  her  of  the  contents  thereof,  and  such  witness  shall  not  be  en- 
titled to  auy  fee  for  attendance.  Every  person  served  with  such  subpoena 
shall  be  liable  to  the  same  penalties  for  disobedience  thereto,  and  his  attend- 
ance may  be  enforced  in  like  manner  as  in  case  of  subpcoaas  issued  by  a 
Justice  of  the  Peace. 

Sec.  9.  The  Coroner  shall  summon  and  examine  as  witnesses  every  person 
who,  in  his  opinion  or  that  of  the  jury,  has  any  knowledge  of  the  facts,  and 
he  m".y  summon  a  surgeon  or  physician  to  inspect  the  body  and  to  give  a 
professional  opinion  as  to  the  cause  of  death;  and  if  it  shall  be  necessary,  the 
Coroner  may  cause  a  post  mortem  examination  or  chemical  analysis  to  be 
made,  and  the  expense  of  such  examination  or  analysis  shall  be  a  county 
charge,  to  be  fixed  by  the  Board  of  Supervisors. 

Sec.  10.  Witnesses  produced  shall  be  sworn  by  the  Coroner,  and  the 
whole  of  the  testimony  shall  be  reduced  to  writing  by  the  Coroner,  or  under 
his  direction,  and  signed  by  the  witnesses  in  the  presence  of  the  jury,  and 
each  deposition  shall  have  a  jurat  attached.  The  jury,  after  hearing  all  the 
testimony  offered  before  them,  shall  i-etire  as  jurors  in  other  cases  and  delib- 
erate upon  their  verdict,  suffering  no  one,  not  even  the  Coroner,  to  mingle 
with  them  in  their  deliberations;  but  they  may,  as  in  the  case  of  jurors  in 
the  Courts  of  law,  take  the  opinion  of  the  Coroner  upon  any  question  of  law 
that  may  arise  upon  the  investigation. 

Sec.  11 .  The  Coroner  may  call  upon  the  District  Attorney  to  assist  him 
in  the  examination  of  witnesses,  and  the  jurors  may  put  any  proper  question 
to  the  witness,  but  the  party  suspected  or  charged  with  the  crime  shall  have 
no  right  to  produce  witnesses  on  the  inquest,  or  to  cross-examine  those  pro- 
duced on  behalf  of  the  people  by  himself  or  counsel;  nor  shall  it  be  neces- 
sary that  he  be  present  during  the  examination.  But  it  shall  be  the  duty  of 
the  Coroner  to  examine  any  witness  who  he  may  have  reason  to  believe  may 
know  anything  concerning  the  matter  pertinent  to  the  iucjuiry,  and  to  put  to 
any  witness  any  proper  and  pertinent  question  that  such  person  may  desire. 
Such  party  suspected  or  charged,  however,  may  be  attended  by  counsel  on  (he 
inquest  to  advise  with  him  as  to  his  lights  in  answering  any  question  that  may 
be  put  to  him  when  under  examination.  If  the  party  accused  of  the  crime 
be  present  at  the  inquest,  and  is  then  charged  with  the  crime,  or  the  testi- 
mony tends  to  criminate  him,  and  he  is  called  upon  by  the  Coroner  to  tes- 
tify, it  is  the  duty  of  the  Coroner  first  to  inform  the  accused  that  he  is  at  lib- 
erty to  refuse  to  answer  any  question  that  he  may  put  to  him,  otherwise  his 
answer  on  such  examination  cannot  be  read  in  evidence  against  him  when  on 
trial  for  the  ofi"ense.  But  if  such  person  is  not  iinder  arrest  or  charged  with 
the  crime,  his  answer  may  be  given  in  evidence  against  him  on  his  subse- 
quent trial  for  the  crime  charged,  though  the  Coroner  may  not  have  so  advised 
him  of  his  rights.  The  jury  must  hear  all  the  evidence  oflf.'red  before  thciu, 
whether  it  be  in  favor  of  or  against  any  party  suspected  of  the  killing. 


136  THE  CONSOLIDATION  ACT. 

Sec.  12.  Upon  the  investigation  the  Coroner's  jury  shall  not  be  limited 
in  their  inquiry  like  a  jury  upon  the  trial  of  one  charged  with  the  crime; 
their  duty  shall  be  to  determine  if  a  crime  has  or  has  not  been  committed; 
and  if  a  crime  has  been  committed,  who  perpetrated  or  caused  the  same  to 
be  perpetrated,  and  all  the  circiimstauces  attending  it;  and  any  proper  testi- 
mony tending  in  any  degree  to  throw  light  upon  the  subject  may  be  properly 
given.  Matters  of  opinion,  except  of  professional  witnesses,  or  hearsay  evi- 
dence, shall  not  be  permitted. 

Sec.  13.  When  the  jury  shall  have  agreed  upon  a  verdict  they  shall  re- 
duce their  inquisition  to  writing,  which  writing  shall  show  before  what  Cor- 
oner the  same  was  taken,  and  that  the  same  was  taken  upon  the  oath  of  good 
and  lawful  men  of  the  county,  who  were  first  duly  sworn;  and  it  mu.-.t  also 
show  by  whom  and  when  the  same  was  executed.  They  shall  also  find  and 
certify  how  or  in  what  manner  and  when  and  where  the  person  so  dead  came 
.to  his  death,  and  all  the  circumstances  attending  such  death;  and  if  a  crime 
has  been  committed  in  the  case,  who  were  guilty  thereof,  either  as  principal 
or  accessory,  and  in  what  manner.  The  jury  shall  not  be  required  to  find 
who  were  accessories  after  the  fact — only  those  before  the  fact.  If  the  per- 
son who  is  found  dead  is  unknown,  or  the  person  who  caused  the  death  is 
unknown,  the  jury  shall  so  find;  and  they  shall  find,  if  the  fact  so  appears 
before  them,  whether  the  killing  was  accidental  or  suicide,  murder  or  man- 
slaughter, excusable  or  justifiable  homicide;  and  if  the  manner  of  the  death 
is  unknown,  they  shall  so  state.  Such  inquisitions  shall  be  signed  by  such 
jurors,  and  the  Coroner  shall  certify  the  fact  that  the  inquest  was  held,  and 
indorse  under  the  verdict  his  approval  or  non-approval  of  the  same. 

Sec.  14,  It  shall  not  be  necessary  that  the  jury  should  be  kept  together 
until  they  have  agreed  upon  a  verdict.  If  there  shall  appear  any  irreconcil- 
able opinion  as  to  any  material  fact  concerning  which  they  are  to  make  in- 
quest, the  jurors  agreeing  may  find  accordingly,  and  two  or  more  inquisitions 
may  be  presented. 

Sec.  15.  If  the  jury  find  that  any  murder  or  manslaughter  has  been  com- 
mitted, the  Coroner  shall  bind  over  the  witnesses  against  the  accused  to  ap- 
pear and  testify  at  the  next  Court  or  Grand  Jury,  or  before  any  Court  at 
which  an  indictment  for  such  offense  can  be  found  and  triable  that  shall  be 
held  in  the  county,  and  obey  all  orders  of  said  Court  in  the  premises.  Such 
recognizance  shall  be  in  writing,  and  shall  be  subscribed  by  the  parties  to  be 
bound  thereby.  Said  recognizances  shall  be  made  payatle  to  the  people  of 
the  State  of  California.  The  amount  of  the  same  shall  be  fixed  by  the  Cor- 
oner, County  Judge,"  or  by  the  District  Attorney,  and  approved  by  the 
County  Judge*  or  any  of  the  Judges  of  a  Court  of  record;  and  in  case  of 
their  refusal  to  sign  such  recognizance,  the  Coroner  shall  have  power  to  com- 
mit such  witness  as  in  the  case  of  examination  of  criminals  by  a  magistrate. 

*  Superseded  by  the  Superior  Court  Act  of  April  3,  1880;  1880, 115. 


THE  CONSOLIDATION  ACT.  1>}7 

Sec.  16.  The  testimony  of  all  witnesses  examined  before  a  Coroner's  jury, 
together  with  the  inquisition  of  the  jury,  and  all  recognizances  taken  by  such 
Coronei-,  shall  be  returned  by  him  forthwith  to  the  County  Clerk  of  his 
County. 

Sec.  17.  The  Coroner  shall  have  the  same  power  on  all  investigations  or 
inquests  as  are  allowed  by  law  to  Judges  of  Courts  of  record  in  this  State  to 
preserve  order  in  the  matter  of  inve.stigations  before  him;  and  for  any  disre- 
spect shown  towards  him  or  contempt  of  his  authority  in  his  investigations 
by  any  juror,  witness,  or  other  persons,  he  shall  have  power  to  issue  an  ordett 
for  the  arrest  of  said  person  or  persons,  and  forthwith  to  have  said  person  or 
persons  brought  before  the  Police  Judge  or  County  Judge*  of  his  county,  to 
be  punished  according  to  law. 

Sec.  18.  Any  juror,  witness  or  other  person  summoned  as  juror,  witness 
or  any  other  person  who  may  be  in  attendance  on  any  official  investigation 
who  shall  use  any  disrespectful  language  toward  said  Coroner,  or  behave 
disrespectfully  towards  said  Coroner  in  his  presence,  shall  be  declared  guilty 
of  contempt,  and  shall  be  liable  to  jjay  a  fine  not  to  exceed  one  hundred  dol- 
lars, or  be  imprisoned  in  the  County  Jail  of  said  County  not  to  exceed  sixty 
days  ;  said  imprisonment  to  be  enforced  by  any  of  the  magistrates  named  in 
the  preceding  sections,  upon  the  warrant  of  the  Coroner,  as  i^rovided  for  in 
the  last  section. 

Sec.  19.  If  the  Coroner's  jury  find  that  any  murder  or  manslaughter  has 
been  committed,  and  the  person  charged  with  such  offense  be  not  in  custody, 
the  Coroner  shall  have  jiower  to  issue  process  for  the  arrest  of  the  person 
charged.  The  warrant  of  arrest  must  be  under  the  hand  of  the  Coroner,  and 
must  recite  the  finding  of  the  jury  upon  the  inquest,  and  be  directed  to  the 
Sheriff,  or  to  any  Constable,  Marshal,  or  Policeman  of  the  County,  and  com- 
manding the  officer  to  whom  it  shall  be  directed  forthwith  to  take  the  person 
accused  of  having  committed  such  offense,  and  to  bring  him  before  a  com- 
mitting magistrate,  to  be  dealt  with  accordine;  to  law.  The  warrant  of  the 
Coroner  .shall  be  served  in  the  same  manner  and  in  the  same  places  as  crim- 
inal process  issued  by  a  Justice  of  the  Peace  in  any  County  of  the  State, 
without  indorsement  by  a  magistrate  of  such  County. 

Sec.  20.  When  the  inquest  shall  be  held  by  the  Coroner,  and  there  shall 
be  no  friends  to  take  charge  of  the  body  of  the  deceased,  it  shall  be  the  duty 
of  the  Coroner,  after  the  same  has  been  viewed  by  him  and  the  jury,  to  see 
that  it  is  properly  buried,  and  for  that  purpose,  he  shall  immediately  give 
notice  to  the  person  or  firm  having  the  contract  for  the  burial  of  the  indigent 
dead,  for  the  burial  of  the  body,  and  it  shall  be  buried  by  him,  uuder  the 
provisions  of  said  contract.     lAmended,  March  30,  187-1;  1873-1,  908.] 


•  Superseded  by  the  Superior  Court  Act  of  April  3,  1880;  1880,  115. 


138  THE  CONSOLIDATION  ACT. 

Sec.  21.  It  sLall  be  the  duty  of  the  Coroner  to  take  charge  of  all  money 
and  other  valuable  things  which  may  be  found  with  or  upon  the  bodies  of 
persons  on  whom  inquests  shall  be  held,  when  there  is  no  other  persons 
legallj'  entitled  to  take  charge  of  the  same;  and  he  shall  forthwith  make  out 
and  enter  in  a  book  to  be  kept  in  his  office,  open  to  public  inspection,  a  full 
a[n]d  complete  inventory  of  all  money,  and  every  article  or  thing  of  value 
found  with  or  upon  said  deceased,  and  he  shall  also  make  an  entry  in  said  book, 
of  any  note  or  memorai^um  found  upon  said  deceased,  that  may  tend,  in  any 
way,  in  the  future,  to  identify  said  person.  Said  Coroner  shall,  within  thirty 
*days  after  the  holding  of  such  inquest,  deliver  over  to  the  Treasurer  of  said 
City  and  County,  all  such  money  or  valuable  things  which  have  not  been 
claimed  by  legal  representatives  of  the  deceased  or  the  Public  Administrator. 
Said  Coroner  shall  also  keep  in  his  office  another  book,  open  to  public  in- 
spection, in  which  he  shall  enter  a  full  description  of  every  article  and  thing, 
and  all  money  found  with  or  upon  the  bodies  of  deceased  persons,  or 
belonging  to  said  deceased  persons,  that  may  come  into  his  possession,  be- 
fore he  delivers  up,  or  permits  the  same  to  go  out  of  his  possession;  and  no 
monej',  article,  thing,  or  property  of  any  nature  or  kind,  shall  be  delivered 
to  any  person,  until  the  same  shall  have  been  entered  in  such  book  as  afore- 
said, and  signed  in  the  presence  of  said  Coroner,  by  the  person  receiving  the 
same.     ^Amended,  March  30,  1874;  1873-4,  908.] 

Sec.  22.  For  a  failure  on  the  part  of  the  Coroner  to  perform  such  duty 
required  by  the  last  section,  or  any  of  the  duties  required  by  this  Act,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 
punished  by  a  fine  not  exceeding  five  thousand  dollars,  or  imprisonment  la 
the  County  Jail  not  to  exceed  one  year,  and  shall  be  liable  on  his  official 
bond  for  any  and  all  moneys,  chattels,  and  property  which  shall  be  found  on 
said  deceased,  and  which  shall  or  may  come  into  his  possession  belonging  to 
said  deceased;  the  same  to  be  recovered  in  the  name  of  any  party  who  may 
be  entitled  to  recover  the  same  in  any  Court  having  jurisdiction  thereof. 

Sec.  23.  Upon  the  delivery  of  money  so  found  to  the  Treasurer,  he  shall 
place  it  to  the  credit  of  the  County.  If  other  property,  iind  perishable  in  its 
nature,  he  shall,  within  thirty  days,  sell  the  same  at  public  auction,  upon 
reasonable  public  notice,  and  shall  in  like  manner  place  the  proceeds  to  the 
credit  of  the  County.  Other  property  shall  only  be  sold  upon  the  order  of 
the  County  Judge.*  If  the  said  money  or  property  in  the  treasury  be  de- 
manded within  six  years  by  the  legal  representatives  of  the  deceased,  the 
Treasurer  shall,  upon  legal  showing,  after  deducting  the  fees  and  expenses  of 
the  Coroner  and  of  the  County  in  relation  to  the  matter,  pay  the  balance 
thereof  to  such  legal  representative. 

Sec.  24.  Before  auditing  and  allowing  the  accounts  of  the  Coroner,  the 
Supervisors  of  the  County  shall  require  a  statement  from  him,  in  writing, 

*  Superssded  by  Superior  Court.    Act  of  Apr.  3,  1330;  1880,  115. 
t 


THE  CONSOLIDATION  ACT.  139 

containing  an  inventory  of  all  money  and  other  valuables  found  with  or  upon 
all  persons  upon  whom  inquests  shall  have  been  held,  and  the  manner  in 
which  the  same  has  been  disposed  of,  verified  by  the  oath  or  affirmation  of 
the  Coroner  making  the  same  that  such  statement  is  in  all  respects  just  and 
true,  and  that  the  money  and  other  articles  mentioned  therein  have  been 
delivered  to  the  Treasurer  of  the  County,  or  to  the  legal  rei^resentatives  of 
such  person  or  persons. 

Sec.  25.  The  Coroner  shall  perform  the  duties  of  Sheriff  in  all  cases 
when  the  Sheriff  is  interested  or  otherwise  incapacitated  from  serving. 
Whenever  the  Coroner  acts  as  Sheriff  he  shall  possess  the  powers  and  per- 
form all  the  duties  of  the  Sheriff,  and  shall  be  entitled  to  the  same  fees  as 
are  allowed  by  law  to  the  Sheriff  for  similar  services. 

Sec.  26.  If  the  office  of  Coroner  be  vacant,  or  he  be  absent  or  unable  to 
attend,  the  duties  of  his  office  may  be  performed  by  any  Justice  of  the  Peace 
of  the  County,  with  the  like  authority  and  subject  to  the  same  obligations 
and  penalties  as  the  Coroner. 

Sec.  27.  The  Coroner  of  the  City  and  County  of  San  Francisco,  in  addi- 
tion to  the  duties  imposed  by  this  Act  upon  every  Coroner,  shall  keep  a  record 
of  all  inquests  held  by  him,  with  a  copy  of  all  testimony  and  the  inquisition 
of  the  juiiej  in  full;  and  in  case  of  loss  of  the  original  records,  the  same 
shall  be  admissible  in  evidence  with  like  effect  as  the  original  would  have 
been. 

Sec.  28.  The  Coroner  of  said  City  and  County  shall  be  authorized  to  ap- 
point two  clerks,  who  shall  be  sworn  to  act  as  First  and  Second  Deputy  Cor- 
oners in  all  matters,  except  those  duties  on  inquests  which  have  been  forbid- 
den to  be  delegated  by  this  Act.  The  salary  of  the  clerk  sworn  to  act  as 
First  Deputy  Coroner  shall  not  exceed  one  hundred  and  fifty  dollars  per 
month,  and  the  salary  of  the  clerk  sworn  to  act  as  Second  Deputy  Coroner 
one  hundred  and  twenty-five  dollars  per  month,  which  shall  be  paid  from  the 
Special  Fee  Fund  of  the  said  City  and  County.  The  Coroner  of  said  City 
and  County  shall  be  authorized  to  appoint  a  Messenger,  whose  duty  it  shall 
be  to  have  charge  of  the  dead  wagon,  keep  in  order  the  morgue,  and  perform 
such  other  duties  as  are  requiied  bj'  the  Coroner  or  his  deputies  in  connec- 
tion with  the  duties  of  his  office.  He  shall  receive  a  salary  not  to  exceed 
seventy- five  dollars  per  month,  to  be  paid  in  like  manner  as  that  of  the  Cor- 
oner's clerks.     lAmended,  JJ/arc/i  23,  1876;  1875-6,  397.] 

Sec.  29.  The  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco are  hereby  authorized  to  provide  a  suitable  office  and  jury  room,  and 
dead  house  or  morgue,  with  the  furniture  necessary  to  enable  the  Coroner  to 
efficiently  discharge  the  duties  of  his  office,  and  to  make  the  necessary  appro- 
priation therefor.  They  are  further  authorized  to  audit  and  pay,  for  the 
necessary  expenses  of  maintaining  the  morgue  and  offices  attached,  such  sum 


140  THE  CONSOLIDATION  ACT. 

as  may  be  necessary,  not  to  exceed  seventy-five  dollars  per  month,  to  be  paid 
ont  of  the  General  Fund. 

Sec.  30.  The  Coroner  of  the  City  and  County  of  San  Francisco  shall  re- 
ceive no  fees  for  any  services  rendered  by  him,  but  he  shall  in  lieu  thereof 
receive  a  salary  of  four  thousand  dollars  per  annum,  payable  in  like  manner 
as  other  county  oflBcers  within  said  County,  to  be  audited  by  the  Auditor  and 
paid  out  of  the  same  fund  provided  for  m  the  City  and  County  Treasury  as 
in  the  cases  of  other  officers  in  said  City  and  County. 

Sec.  31.  All  Acts  or  parts  of  Acts  in  conflict  with  the  provisions  of  this 
Act,  so  far  as  they  so  far  conflict,  are  hereby  repealed.  This  Act  shall  apply 
only  to  the  City  and  County  of  San  Francisco. 

Sec.  32.    This  Act  shall  be  in  force  from  and  after  its  passage. 


[  The  foregoing  must  be  read  in  connection  with  sees.  4285  to  4291,  inclusive, 
of  the  Pol.  Code.     See  also  Act  of  April  8,  1872;  1872,  81.] 


SUPPLEMENT     LVI 
1871-2,    511. 


An  Act  to  confirm  Order  Number  One  thousand  [and]  Four,  passed 
by  the  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco. 

[Approved  March  23,  1872.J 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  Whereas,  the  Board  of  Supervisors  of  the  City  and  County  of 
San  Francisco  passed  an  order,  numbered  one  thousand  and  four,  which  said 
order  was  approved  by  the  Mayor  and  President  of  the  Board  of  Supervisors, 
on  August  seventh,  eighteen  hundred  and  seventy-one,  and  which  is  as  fol- 
lows: "  Order  Number  One  Thousand  and  Four,  amendatory  of  Order  Num- 
ber One  Thousand  and  Two,  requiring  property  owners  to  fence  lots,  to  pre- 
vent the  sand  from  drifting  or  being  blown  into  or  upon  streets  that  are 
planked,  paved,  or  macadamized;  the  People  of  the  City  and  County  of  San 
Francisco  do  ordain  as  follows: 


THE  CONSOLIDATION  ACT.  141 

Section  1.  Sections  one  and  two  of  Order  Number  One  Thousaud  and 
Two  are  hereby  amended  so  as  to  read  as  follows: 

Section  1.  All  persons  shall  prevent  sand  or  dirt  from  drifting,  or  being 
blown  or  otherwise  moved  from  all  lots  owned  by  them,  into  or  deposited 
upon  any  paved,  planked,  or  macadamized  street  of  the  City  and  County  of 
San  Francisco. 

Sec.  2.  All  persons  owning  or  having  the  control  of  any  premises  front- 
ing on  streets  that  are  paved,  planked,  or  macadamized,  situated  in  said  City 
and  County,  shall,  within  five  days  after  notice  from  the  Superintendent  of 
Public  Streets  and  Highways,  requiring  him  or  them  so  to  do,  and  without 
expense  to  the  City  and  County,  so  construct  fences  or  bulkheads  around  the 
premises  or  lots  owned  by  them  as  to  prevent  sand  or  dirt  from  drifting,  or 
being  blown,  or  falling  from  such  lots  or  premises,  iutoor  upon  any  planked, 
paved,  or  macadamized  street,  or  upon  the  sidewalks  thereof. 

Sec.  3.  Any  person  who  shall  violate  any  of  the  provisions  of  this  order 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  more  than  one  hiandred  dollars,  or  by  imprison- 
ment in  the  County  Jail  not  more  than  fifty  days. 

Sec.  4.  All  Orders  or  jiarts  of  Orders,  conflicting  with  the  provisions  of  this 
Order,  are  hereby  repealed.["J  The  within  and  before  recited  Order  be  and 
the  same  is  hereby  ratified  and  confirmed;  and  all  proceedings  heretofore  had, 
and  which  have  taken  place,  or  shall  hereafter  take  place  under  its  provis- 
ions, are  ratified  and  confirmed  in  all  respects. 

Sec.  5.     This  Act  shall  take  effect  from  and  after  its  passage. 


SUPPLEMENT     LVII 
1871-2,  512. 


An  Act  to  increase  and  regulate  the  Police  force  of  the  City  and 
County  of  San  Francisco. 

[Approved  Marsh  23,  1872,1 

The  People  of  ihelState  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  \_Ohsolete .1  The  salaries  of  the  additional  oflScers  hereby  au- 
thorized shall  be  of  the  same  amount,  not  exceeding  one  hundred  and  twenty- 
five.dollars  per  month,  and  shall  be  paid  in  the  same  manner  and  at  the  same 


142 


THE  CONSOLIDATION  ACT. 


tim^  as  other  members  of  the  said  Police  force  are  now  or  shall  hereafter  be 
paid.  The  Chief  of  Police  of  said  City  and  County  may  detail  a  regular  Police 
officer  to  act  as  his  Clerk,  who  shall  receive  the  same  salary  as  the  Property 
Clerk  of  the  Police  Department.  The  Captain  of  the  Harbor  Police  shall 
receive  the  same  salary  as  is  now  or  may  hereafter  be  paid  to  Police  Captains. 

Sec.  2,  No  member  of  the  Police  force  of  the  City  and  County  of  San 
Francisco  shall  be  allowed  to  interfere  in  politics  on  the  day  of  election,  or 
at  any  other  time,  while  employed  on  said  Police  force;  nor  shall  be  removed  I 
from  office  for  political  or  partisan  causes,  reasons  or  purposes. 

Sec.  3.    This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 


SUPPLEMENT     LVIII. 
1871-2,  544. 


Ari  Act  to  transfer  to  the  Board  of  Supervisors  of  the  City  and 
County  of  San  Francisco  the  management,  control  and  direc- 
tion of  the  affairs  of  the  Industrial  School  Department  of  said\ 
City  and  County. 

1  Approved  March  23,  1872.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  1.  The  President  of  the  Board  of  Managers  of  the  Industrial' 
School  of  the  City  and  County  of  San  Francisco  is  hereby  authorized  and 
directed  to  grant,  convey,  and  deliver  to  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  all  and  singular  the  property,  both  real  and 
personal,  now  in  the  possession  or  under  the  control  of  said  department,  as 
created  under  and  by  virtue  of  an  act  of  the  Legislature  of  the  State  of  Cal- 
ifornia, entitled,  "An  Act  to  establish  the  Industrial  School  Department  of 
the  City  and  County  of  San  Francisco, "  approved  April  fifteenth,  eighteen 
hundred  and  fifty-eight,  and  the  Acts  supplementary  thereto  and  amendatory 
thereof,  and  he  is  hereby  authorized  and  directed  to  make,  execute,  and  de- 
liver to  said  City  and  County  of  San  Francisco,  all  and  singular  such  deeds 
and  instruments  in  writing,  as  the  act  and  deed  of  said  department,  as' may 
be  necessary  to  carry  the  provisions  of  this  section  into  eff'ect. 

Sec.  2.     From  and  after  the  passage  of   this  Act,  all   and   singular  the 
powers  and  duties  now  vested  in  the  Bo£|,rd  of  Managers  of  said  Industrial. 


THE  CONSOLIDATION  ACT.  143 

School,  shall  be  vested  iu  the  Board  of  Supervisors  of  the  said  City  and 
County  of  San  Francisco.  Said  Board  of  Supervisors  shall  exercise  all  the 
duties  and  possess  all  the  rights  now  vested  in  the  Board  of  Managers  of  the 
Industrial  School  Department,  and  all  present  indebtedness  and  lifibilities  of 
said  Industrial  School  Department,  and  future  expenditures  and  disburse- 
ments on  account  of  the  same,  shall  be  presented,  audited,  and  paid  in  the 
same  manner  as  is  now  provided  by  law  for  the  presentment,  auditing,  and 
payment  of  other  claims  against  said  City  and  County  of  San  Francisco; 
provided,  that  the  current  expenses  of  such  Industrial  School  shall  only  be 
audited  and  paid  to  the  extent  of  four  thousand  five  hundred  dollars  ($4,500) 
per  month. 

Sec.  3.  The  purposes  and  objects  of  said  Industrial  School  shall  hereafter 
be  the  same  as  are  now  provided  by  law  for  the  Industrial  School  Depait- 
ment  of  the  City  and  County  of  San  Francisco;  provided,  that  i)ersons  who 
may  be  convicted  of  offenses  mentioned  iu  section  ten  of  the  Act  entitled 
"  An  Act  to  establish  the  Industrial  School  Department  of  the  City  and 
County  of  San  Francisco,"  approved  April  fifteenth,  eighteen  hundred  and 
fifty-eight,  in  counties  other  than  San  Francisco,  may  be  committed  by  the 
proper  authorities  of  such  counties  to  the  Industrial  School  of  the  City  and 
County  of  San  Francisco,  on  the  approval  of  the  Supervisors  of  the  County 
iu  which  such  persons  are  committed  to  said  Industrial  School,  upon  pay- 
ment to  the  City  and  County  of  San  Francisco  by  such  counties  of  the  sum 
of  fifteen  ($15)  dollars,  gold  coin,  per  month  for  each  month  that  such  per- 
sons and  e\ch  of  them  shall  be  inmates  of  said  Industrial  School. 

Sec.  4.  All  Acts  and  parts  of  Acts  inconsistent  with  the  provisions  of  this 
Act  are  hereby  repealed. 

Sec.  5.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT  LIX. 

1871-2,  735. 


An  Act  to  conftr  additional  powers  upon  the  Board  of  Super- 
visors of  the  City  and  County  of  San  Francisco y  and  upon  ilie 
Auditor  and  Treasurer  thereof,  and  to  authorize  certain  ajjpro- 
prialions  of  money  l>y  said  Board. 

[Approved  March  30,  1&72.J 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.     The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  appropriate,  allow,  and 


1-14  THE  CONSOLIDATION  ACT. 

order  paid  out  of  the  General  Fund,  the  several  sums  of  money  hereinafter 
nieutioned,  and  to  exercise  the  following  powers,  to  wit: 

First.'' 

Second.  To  expend  such  sums  as  may  be  hereafter  annually  levied  for 
improving  the  City  Cemetery. 

Third.  To  expend  a  sum  not  to  exceed  ten  thousand  dollars  per  annum 
for  extending  and  repairing  the  Fire  Alarm  and  Police  Telegraph.  \_As 
amended  by  Act  of  Mar.  26,  1878;  1877-8.  556. J 

Fourth.     [Obsolete. '[ 

Fifth.     iObsoJete.^ 

Sixth.  To  appoint  a  gardener  for  Jefferson  Square,  at  a  salary  not  to  ex- 
ceed seventy-five  dollars  per  month. 

Seventh,  To  appoint  a  Sergeant-at-Arms,  who  shall  have  the  same  power 
as  is  conferred  upon  police  officers,  to  attend  meetings  of  the  Board,  serve 
notices,  subpoenas,  and  perform  such  other  duties  as  may  be  required,  at  a 
salary  not  to  exceed  one  hundred  dollars  per  month. 

Fighth.     To  pay  for  fuel  furnished  to  and  used  in  public  buildings. 

Ninth.  To  pay  rent  for  Harbor  Police  office  a  sum  not  to  exceed  fifty  dol- 
lars per  month. 

Tenth.  To  authorize  the  employmftit  of  such  extra  clerks  as  may  be  re- 
quired by  the  Tax  Collector  in  his  office  from  time  to  time,  at  a  salary  not  to 
exceed  one  hundred  and  fifty  dollars  per  month  each. 

Eleventh.  To  appoint  a  night  watchman  for  public  buildings,  at  a  salary 
not  to  exceed  ninety  dollars  per  month. 

Twelfth.  To  pay  "  *  *  *  to  the  Deputy  Clerk  of  said  Board  of 
Supervisors  a  salary  not  to  exceed  one  hundred  and  fifty  dollars  per  month. 

Thirteenth.  To  dedicate  and  appropriate  the  Hospital  grounds  and  build- 
ings on  Fiancisco  street  for  the  purposes  of  a  Corporation  Yard,  and  to  make 
provision  for  the  storage  and  safe  keeping  of  all  materials  used  in  the  repair 
of  public  streets  and  highways,  and  of  all  apparatus,  material,  and  hose  be- 
longing to  and  not  in  use  by  the  Fire  Department;  and  also  to  provide  for 
the  storage  of  all  supplies,  of  whatever  nature  or  kind,  that  may  in  the  judg- 
ment of  said  Board  be  deemed  necessary  for  the  use  of  any  or  all  depart- 
ments and  offices  of  the  city  government,  t 

Fourteenth. 

Fifteenth.  ^#**.v**** 


*  Amended  by  new  Section  added  to  Political  Code,  to  be  designated  as  Section  3035.     Act  of 
March  9,  1878. 

t  In  part  superseded  by  Sec.  18  of  Act  of  Mar.  23,  1878;  1877  8,  685. 


THE  CONSOLIDATION  ACT.  145 

Sixteenth.     \_Obsolete.'\ 

Seventeenth.  ISuper^eded  by  suh.  1  of  sec.  1,  of  Act  of  March  1(3,  1878; 
1878,  280.] 

E'ujhteenth. 

Nineteenth.         ""  "  .  y  ,  .         ^ 

Twentieth.  To  allow  ami  order  paid  out  of  the  General  Fuud  such  sums 
as  they  deem  absolutely  necessary  for  extra  assistance  in  the  offices  of  Asses- 
sor, Tax  Collector  and  Auditor. 

Sec.  2.     This  Act  shall  take  effect  from  and  after  its  passage.* 


SUPPLEMENT  LXI. 
1871-2,  736. 


An  Act  to  facilitate  and  increase  the  coUeelion  of  State  and  County 
and  Municipal  licenses  in  the  City  and  County  of  San  Francisco. 

(Approved  March  30,  1872,] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  If  any  person  or  persons,  ^'hether  as  principal  or  principals, 
agent  or  agents,  clerk  or  clerks,  employee  or  employees,  or  any  firm  or  any 
member  of  any  firm  or  corporation  shall  be  engaged  in  carrying  on,  pursuing, 
or  transacting,  within  the  limits  of  the  City  and  County  of  San  Francisco,  any 
business,  trade,  or  profession,  occupation  or  employment,  which  now  is  or 
shall  hereafter  be  by  law  required  to  be  licensed,  without  having  first  obtained 
and  procured  the  license  therefor  so  required  by  the  laws  of  this  State,  or 
by  the  lawful  orders  of  the  Board  of  Supervisors  of  said  City  and  County,  or 
shall,  after  five  duys'  notice  in  writing,  refuse,  neglect,  omit,  or  fail  to  com- 
ply with  any  requirement  or  requirements,  provision  or  provisions  of  the 
laws  of  this  State  or  orders  of  the  said  Board  of  Supervisors  requiring  such 
person  or  persons,  firm  or  corporation  to  procure  a  license,  he,  she,  or  they, 
or  either  of  them,  as  the  case  may  be,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars,  or  by  imprisonment  for  a  period  not  exceeding 
thirty  days,  in  case  the  fine  is  not  paid. 

» In  part  superseded  by  Sec.  18  of  Act  of  March  28,  1878;  1878,  685. 
10 


146  THE  CONSOLIDATION  ACT. 

Sec.  2.  The  Collector  of  Licenses,  Chief  Deiraty  Collcctoi'  of  Licenses, 
and  Assistant  Deputy  Collectors  of  Licenses  of  said  City  and  County  are 
hereby  authorized,  empowered,  and  required  to  collect  all  State  and  county 
licenses  provided  for  and  required  by  law  to  be  collected  within  the  limits  of 
said  City  and  County,  in  addition  to  the  municipal  licenses  now  required  to 
be  collected  or  which  shall  hereafter  be  required  to  be  collected  by  them  or 
either  of  them;  and  it  shall  be  the  duty  of  said  Collector  of  Licenses,  Deputy 
Collector  of  Licenses,  and  Assistant  Collectors  of  Licenses  to  attend  to  the 
collection  of  licenses,  and  examine  all  places  of  business  and  persons  liable  to 
pay  licenses,  and  see  that  licenses  are  taken  out  and  paid  for.  They  shall  each 
have  and  exercise,  in  the  performance  of  their  of3&cial  duties,  the  same  powers 
as  Police  officers  in  serving  process  or  summons  and  in  making  arrests;  also, 
shall  each  have  and  exercise  the  power  to  administer  such  oaths  and  affirm- 
ations as  shall  be  necessary  in  the  discharge  and  exercise  of  their  official 
duties;  and  they  and  each  of  them  are  hereby  empowered  to  enter  any  place 
of  business  for  which  a  license  by  law  is  provided  and  required,  free  of 
charge,  at  their  pleasure,  and  to  demand  the  exhibition  of  any  license  for 
the  current  time,  from  any  person,  or  firm,  or  corporation  engaged  or 
employed  in  the  transaction  of  any  business  for  which  a  license  is  by  law 
rendered  necessary;  and  if  such  person,  or  firm,  or  corporation,  or  either  of 
them,  shall  be  unable,  or  refuse,  or  neglect,  or  fail  to  then  and  there  exhibit 
such  license,  he,  she,  or  they,  as  the  case  may  be,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof  shall  be  punished  as  provided  by 
section  one  of  this  Act  for  punishment  upon  conviction  of  a  misdemeanor. 

Sec.  3.  The  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco shall  have  power,  by  ordinance,  to  license  and  regulate  all  such  call- 
ings, trades,  and  employments  as1;he  public  good  may  require  to  be  licensed 
and  regulated,  and  as  are  not  prohibited  by  law,  and  shall  have  power  to 
make  all  needful  rules  and  regulations  to  govern  the  official  conduct  and 
duties  of  the  Collector  of  Licenses,  Deputy  Collector  of  Licenses,  and  the 
Assistant  Collectors  of  Licenses,  who  shall  each  hold  office  daring  the  pleas- 
ure of  the  power  appointing  them'"^  (and  who  shall  pursue  no  other  calling 
or  business),  and  to  alter  and  amend  the  same  from  time  to  time  in  such 
manner  as  they  may  deem  proper  and  for  the  jjublic  good,  and  to  fix  the 
amounts  of  the  bonds  to  be  required  from  the  Collector  of  Licenses  and 
Deputy  Collector  of  Licenses  and  Assistant  Collectors  of  Licenses.  The 
Auditor  of  said  City  and  County  is  hereby  authorized  and  required  to  de- 
liver, from  time  to  time,  to  the  Collector  of  Licenses  as  many  of  such  muni- 
cipal licenses  as  may  be  required;  also,  to  deliver  from  time  to  time  to  said 
Collector  of  Licenses  for  collection,  such  State  and  County  licenses  as  may 
be  required  and  such  as  he  shall  have  received  from  the  Controller  of  the 
State,  and  to  sign  the  same  and  charge  them  to  the  Collector  of  Licenses 

""  Collector   of  Licenses  to  be  appointed  bienially;  sec.  3,  Act  of  April  3,   1876;  Supplement 
LX  XXVIII. 


THE  CONSOLIDATION  ACT.  117 

receiving  them,  specifying  in  the  charge  the  amounts  thereof  named  in  such 
licenses,  re:5i3ectively,  and  the  class  of  licenses,  taking  receipts  therefor;  and 
said  Collector  shall  proceed  to  collect  the  same,  signing  the  same  in  lieu  ot 
the  County  Treasurer;  and  he  shall  daily  pay  to  the  Treasurer  of  the  said 
City  and  County  all  moneys  so  collected  for  licenses  sold,  or  by  him  received 
as  fees;  and  shall,  under  oath,  at  least  once  in  each  calendar  month,  and 
oftener  when  required  so  to  do  by  the  Auditor,  make  to  the  Auditor  a  report 
of  all  such  licenses  sold  and  on  hand  and  of  all  amounts  so  paid  to  the 
County  Treasurer  in  the  same  manner  and  upon  the  same  conditions  as  by 
law  the  County  Treasurer  heretofore  has  been  required  to  make  return  thereof 
to  the  County  Auditor,  and  shall  at  such  time  exhibit  to  the  Auditor  all  un- 
sold licenses  in  his  hands  and  the  Treasurer's  receipts  for  all  moneys  paid 
into  the  Treasury;  and  all  licenses  so  signed  by  the  license  Collector  or 
Deputj'  License  Collector  shall  be  as  valid  as  if  signed  by  the  County  Treas- 
urer. All  fees  so  paid  to  him  shall  be  placed  to  the  credit  of  the  Special 
Fee  Fand  by  the  said  Treasurer. 

Sec.  4.  It  ia  hereby  made  the  duty  of  the  Mayor,  the  Auditor,  and  the 
Treasurer  of  said  City  and  County,  and  they  are  hereby  aiithorized  and  em- 
powered to  appoint,  subject  to  confirmation  by  the  Board  of  Supervisors  of 
said  City  and  County,  one  person  as  Collector  of  Licenses  for  the  City  and 
County  of  San  Francisco,  who  shall  receive  a  monthly  salary  of  two  hundred 
dollars,  payable  monthly;  and  the  said  Collector  of  Licenses  is  hereby  au- 
thorized and  empowered  to  appoint  one  Deputy  Collector  of  Licenses,  who 
shall  be  paid  a  monthly  salary  of  one  hiindred  and  fifty  dollars,  payable 
monthly,  and  three'"-'  Assistant  Collectors  of  Licenses,  who  shall  be  paid 
each  a  monthly  salary  of  one  hundred  and  twenty-five  dollars,  payable 
monthly.  Such  License  Collector  and  deputies  shall  hold  ofiice  during  the 
pleasure  of  the  Board  of  Supervisors.'"^  All  salaries  herein  provided  for 
shall  be  paid  from  the  General  Fund  in  the  same  manner  as  the  salaries  of 
other  City  and  County  ofiicers  are  paid.  The  Assistant  Collectors  of  Licenses 
and  the  Deputy  Collector  of  Licenses  shall,  under  the  direction  and  instruc- 
tion of  the  Collector  of  Licenses,  observing  the  form  and  rules  and  regula- 
tions prescribed  by  said  Collector  and  Board  of  Supervisors,  make  to  the 
said  Collector  daily  reports  of  duty  performed  and  daily  payments  of  money 
received  for  Hceuses  and  fees;  and  at  the  close  of  each  month,  and  oftener 
when  required  by  the  Collector  of  Licenses,  each  shall  make  oath  to  the 
Auditor  that  he  has  so  paid  over  to  the  Collector  of  Licenses  all  such  moneys, 
and  a  failure  so  to  do  shall  be  a  cause  for  removal  from  office. 

Sec.  5.     The  Police  Commissioners  of  the  City  and  County  of  San  Fran- 


">'  Number  of  Assistant  Collectors  may  be  increased  not  to  exceed  twelve.  Sec.  2,  Act  of  April 
3,  1876;  Supplement  LXXXVIII. 

''  Collector  of  Licenses  appointed  bieuially.  Sec.  3,  Actof  April  3  1876;  Supplement  LXXXVIII. 
As  to  tenure  of  office  of  Deputy  and  Assistants,  see  sec.  2,  same  Act. 


148 


THE  CONSOLIDATION  ACT. 


Cisco  ore  hereby  authorized  aucl  empowered  to  revoke  any  licenses  provided 
to  be  collected  under  the  provisions  of  this  Act,  upon  the  conviction  in  the 
Police  Judge's  Court  of  any  person  of  disorderly  or  improper  conduct,  or 
any  offense  upon  the  premises  of  any  person  holding  a  license,  or  upon  the 
conviction  of  the  person  holding  said  license  of  any  offense  which  in  the 
judgment  of  said  Commissioners  ought  to  disqualify  such  person  from  hold- 
ing such  license. 

Sec.  6.  It  shall  be  the  duty  of  the  County  Treasurer  to  deliver  to  the 
Collector  of  Licenses,  immediately  upon  this  Act  taking  effect,  all  papers, 
books,  materials,  and  other  property  appertaining  and  belonging  to  the 
License  Department.  And  all  Acts  or  parts  of  Acts  requiring  the  County 
Treasurer  to  collect  licenses  in  the  City  and  County  of  San  Francisco,  and 
all  other  Acts  or  parts  of  Acts,  so  far  as  they  conflict  with  this  Act,  are  hereby 
repealed;  provided,  that  nothing  in  this  Act  contained  shall  curtail  the  cleri- 
cal force  in  the  office  of  the  Treasurer  of  the  City  and  County  of  San  Fran- 
cisco during  the  term  of  office  of  the  present  incumbent. 

Sec.  7.  This  Act  shall  take  effect  and  be  in  force  on  and  after  the 
twentieth  day  subsequent  to  its  passage. 


SUPPLEMENT    LXII 
1871-2,  764. 


An  Act  to  prevent  hunting  and  shooting  on  private  grounds  in  the 
City  and  County  of  San  Francisco. 

[Approved  March  30,  1872.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  dv 

enact  as  follows: 

Section  1.  It  shall  not  be  lawful  for  any  person  or  persons  to  enter  any 
inclosure  belonging  to  or  occupied  by  another,  in  the  City  and  County  of  San 
Francisco,  for  the  purpose  of  hunting  or  to  shoot,  kill,  or  destroy  any  kind 
of  game,  without  having  first  obtained  i^ermission  from  the  owner  or  agent 
of  such  inclosure. 

Sec.  2.  Any  person  who  shall  violate  the  provisions  of  this  Act  shall  be  j 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  upon  conviction  by  \ 
a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars, 


THE  CONSOLIDATION  ACT.  149 

or  imprisonment  in  the  Countj'  Jail  not  to  exceed  sixty  daj's,  or  by  both  such 
tine  and  imi)risonment,  and  jurisdiction  of  such  offenses  is  hereby  vested  in 
the  Police  Judge's  Court  in  said  City  and  County. 


[See  also  Act  of  March  23,  187G;  1876,  408.] 


SUPPLEMENT    LXIII. 
1871-2,  804. 
An  'Act  repealing  Article  Fourth  of  an  Act  entitled  "  An  Act  to  re- 
j)eal  the  several  charters  of  the  City  of  San  Francisco,  to  estab- 
lish the  boundaries  of  the  City  and  County  of  San  Francisco, 
and  to  consolidate  the  government  thereof,"  approved  the  nine- 
teenth day  of  April,  eighteen  hundred  and  fifty-six,  and  all 
.     Acts  and  parts  of  Acts  amendatory  thereof  and  supplementary 
thereto,  and  substituting  this  Act  for  said  Article  Four. 


[Approved  April  1, 1S72.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

ARTICLE  IV. 

Section  1.  All  the  streets,  lanes,  alleys,  places,  or  courts  as  laid  down 
on  the  map  now  in  the  office  of  the  City  and  County  Surveyor  of  the  City 
and  County  of  San  Francisco,  which  was  made  official  by  the  Board  ot  Su- 
pervisors of  said  City  and  County  as  per  order  number  six  hundred  and 
eighty-four,  January  thirtieth,  eighteen  hundred  and  sixty-six,  signed  by 
George  C.  Potter  and  Thaddeus  R.  Brooks,  and  on  the  map  now  in  the  office 
of  the  said  City  and  Countj'  Surveyor,  which  was  made  official  by  the  said 
Board  of  Supervisors  as  per  order  number  nine  hundred  and  sixty-six,  Octo- 
ber twenty-fifth,  eighteen  hundred  and  seventy,  and  all  other  streets,  lanes, 
alleys,  places,  or  courts  now  dedicated  or  open  to  public  use,  are  hereby  de- 
clared to  be  open  public  streets,  lanes,  alleys,  places,  or  courts  for  the  purpose 
of  this  law;  and  the  said  Board  of  Supervisors  are  hereby  invested  with  juris- 
diction to  order  any  of  the  work  mentioned  in  section  three  of  this  Act  to 
be  done  on  any  of  said  streets,  lanes,  alleys,  places,  or  courts  when  the  grade 


150  THE  CONSOLIDATION  ACT 

and  width  of  said  streets,  laues,  allej's,  places,  or  courts  have  been  officially 
established;  and  for  the  purposes  of  this  Act  the  {2;rade  of  all  intermediate 
or  intersecting  streets,  lanes,  alleys,  places,  or  courts  in  any  one  block  shall 
conform  to  the  grades  as  established  of  the  crossings  of  the  main  streets. 

Sec.  2.  All  streets,  lanes,  alleys,  places,  or  courts  now  open,  or  which 
may  hereafter  be  open  to  public  use,  shall  be  deemed  and  held  to  be  open 
public  streets,  lanes,  alleys,  places,  or  courts  for  the  purposes  of  this  Act, 
and  the  Board  of  Supervisors  shall  have  the  same  jurisdiction  to  order  work 
to  be  doue  thereon  as  is  conferred  upon  them  by  section  one  of  this  Act. 

Sec.  3.  The  Board  of  Supervisors  are  hereby  authorized  and  empowered 
to  order  the  whole  or  any  portion  of  the  said  streets,  lanes,  alleys,  places,  or 
courts  graded  or  regraded  to  the  official  grade,  planked  or  replankerl,  paved 
or  repaved,  macadamized  or  remacadamized,  piled  or  replied,  capped  or  re- 
capped, and  to  order  sidewalks,  sewers,  cesspools,  manholes,  culverts,  curb- 
ing, and  crosswalks  to  be  constructed,  and  to  order  any  other  work  to  be  done 
which  shall  be  necessary  to  make  and  complete  the  whole  or  &uy  portion  of 
said  streets,  lanes,  alleys,  places,  or  courts,  and  they  may  order  any  of  the 
said  work  to  be  improved.  The  work  provided  for  in  this  Act  shall  not  be 
deemed  to  be  "specific  improvements"  within  the  meaning  of  section 
sixty-eight,  Article  V  of  Chapter  one  hundred  and  twenty-five  of  the  Act  en- 
titled an  Act  to  repeal  the  several  charters  of  the  City  and  County  of  San 
Francisco,  and  to  establish  the  boundaries  of  the  City  and  County  of  San 
Francisco,  and  to  cons  olidate  the  Government  thereof,  approved  April  nine- 
teenth, eighteen  hundred  and  fifty-six,  nor  shall  the  ordinances  or  resolutions 
passed  by  the  Board  of  Supervisors  unde  r  the  provisions  of  this  Act  be 
deemed  to  be  such  ordinances  or  resolutions  as  are  mentioned  iri  said  section 
sixty- eight. 

Sec.  4.  The  Board  of  Supervisors  may  order  any  work  authorized  by  sec- 
tion three  of  this  Act  to  be  done,  after  notice  of  their  intention  so  to  do  in 
the  form  of  a  resolution  describing  the  work,  and  signed  by  the  Clerk  of 
said  Board  of  Supervisors,  has  been  published  for  the  period  of  ten  days  in 
the  paper  doing  the  printing  under  this  law,  and  also  in  two  daily  news- 
papers, one  of  which  newspapers  shall  be  published  as  a  morning  edition 
and  one  as  an  evening  edition,  printed  and  published  in  said  City  and 
County,  for  ten  days,  Sundays  and  non- judicial  days  excepted;  provided,  that 
no  such  notice  shall  be  given  or  order  made  for  the  grading  of  any  street  men- 
tioned in  section  three  of  this  Act  unless  the  majority  of  the  frontage  of  the 
lots  and  land  fronting  on  the  work  proposed  to  be  done,  and  described  in  said 
resolution,  or  which  is  to  be  made  liable  for  such  grading,  except  public 
property,  shall  have  been  represented  by  the  owners  thereof,  or  by  their 
agents,  in  a  petition  to  the  said  Board  of  Supervisors,  stating  that  they  are 
the  owners  and  in  possession  or  agents  of  the  lots  named  in  the  petition;  and 
also  requesting  that  such  improvemomts  or  street  work  shall  be  done;  and  for 
any  other  character  of  street  improvements  the  Board  of  Supervisors  shall 


THE  CONSOLIDATION  ACT.  151 

have  po^ve^,  without  petition  of  the  propertj'  owners,  to  give  the  notice  pre- 
scribed in  this  section  to  be  published  in  the  manner  hereinbefore  provided, 
and  to  order  the  said  work  to  be  done.  All  owners  of  lauds  or  lots,  or  por- 
tions of  lots,  who  may  feel  aggrieved  or  have  objection  to  the  ordering  of  the 
work  described  in  said  notice,  or  who  may  have  objections  to  any  of  the  sub- 
sequent proceedings  of  the  said  Board  of  Supervisors  in  relation  to  the  work 
mentioned  in  such  notices  of  intention,  or  may  have  any  objections  to  any  ot 
the  acts  of  the  Superintendent  of  Public  Streets,  Highways  and  Squares  of 
the  City  and  County  of  San  Francisco,  in  the  discharge  of  any  of  the  obliga- 
tions or  duties  imposed  upon  him  by  virtue  of  his  office,  shall  file  with  the 
Clerk  of  the  said  Board  of  Supervisors  a  petition  or  remonstrance,  wherein 
they  shall  set  forth  in  what  respect  they  feel  aggrieved,  or  the  acts  or  pro- 
ceedings to  which  they  object,  which  petition  or  remonstrance  shall  be  passed 
upon  by  said  Board  of  Supervisors,  and  their  decisions  thereon  shall  be  final 
and  conclusive;  but  said  Board  of  Supervisors  shall  not  order  the  work  de- 
scribed in  said  notices  to  be  done  unless  all  objections  and  protests  that  may 
have  been  presented  and  filed  as  afoi-esaid  shall  have  been  by  them  disposed 
of.  Should  the  owners  or  agents  of  more  than  one-half  in  frontage  of  the  lots 
and  lands  fronting  on  the  work  proposed  to  be  done,  and  designated  in  said 
notice  or  resolution,  or  liable  to  be  assessed  for  work,  file  with  the  Clerk  of 
the  Board  of  Supervisors  written  objections  against  any  grading  described  in 
said  notice,  at  any  time  before  the  expiration  of  the  publication  of  said  notice 
of  intention,  and  his  publication  thereof  as  hereinbefore  provided,  then  and 
thereupon  the  said  Board  of  Supervisors  shall  be  barred  from  proceeding  fur- 
ther for  the  period  of  six  months;  and  the  said  Board  of  Supervisors  shall  not 
renew  the  notice  of  intention  for  doing  any  grading  so  protested  against 
within  six  months,  unless  the  owners  or  agents  of  a  majority  of  the  frontage 
of  the  lots  and  lands  fronting  on  said  grading,  or  liable  to  be  assessed  there- 
for as  aforesaid,  shall  petition  anew  for  the  work  to  be  done.  At  the  expira- 
tion of  any  notice  of  intention  the  Board  of  Supervisors  shall  be  deemed  to 
have  acquired  jurisdiction  to  order  any  work  to  be  done  which  is  authorized 
by  section  three  of  this  Act,  except  as  hereinbefore  provided;  audit  is  further 
provided,  that  where  any  public  street  shall  have  been  graded,  or  graded  and 
macadamized,  or  graded  and  paved  for  the  distance  of  two  or  more  blocks 
upon  each  side  thereof  of  any  one  or  more  blocks  or  crossing  of  a  street 
which  is  not  improved,  it  shall  be  the  duty  of  the  Board  of  Supervisors,  upon 
the  recommendation  of  the  Superintendent  of  Public  Streets,  Highways  and 
Squares,  to  order  the  notice  provided  in  this  section  to  be  given  without  the 
petition  provided  first  aforesaid;  and  if  the  owners  of  three-fourths  of  the 
frontage  of  the  lands  and  lots  fronting  on  said  portions  of  said  streets  to  be 
graded  or  improved  shall,  within  the  time  prescribed  in  said  notice,  file  writ- 
ten objections  to  the  improvement  of  the  said  street,  the  Board  of  Supervis- 
ors shall  duly  consider  said  objections  before  ordering  said  work;  and  if  said 
Board  of  Supervisors  shall  decide  and  declare  by  an  entry  in  the  minutes  ot 
said  Board  of  Supervisors  that  the  objections  so  made  are  not  good,  thereup- 


152  THE  CONSOLIDATION  ACT. 

on  the  Board  of  Supervisors  shall  be  deemed  to  have  acquired  jurisdiction  to 
order  an.v  such  street  work  to  be  done  that  is  prescribed  in  said  notice  and  in 
section  three  of  this  Act;  provided  further,  that  when  one-half  or  more  of  the 
grading,  planking,  macadamizing,  paving,  sidewalking,  or  sewering  of  any 
one  street  lying  between  two  main  street  crossings,  has  been  already  perform- 
ed, the  Board  of  Supervisors  may  order  the  remainder  of  such  grading, 
planking,  macadamizing,  paving,  sidewalking,  or  sewering  to  be  done,  not- 
withstanding the  objections  of  any  or  all  of  the  property  owners. 

Sec.  5.  The  owners  of  more  than  one-half  in  frontage  of  lots  and  lands 
fronting  on  any  street,  lane,  alley,  place,  or  court, mentioned  in  sections  one 
and  two  of  this  Act,  or  their  duly  authorized  agents,  may  petition  the  said 
Board  of  Supervisors  to  order  any  of  the  work  mentioned  in  section  three  of 
this  Act  to  be  done;  and  the  said  Board  of  Supervisors  may  order  the  work 
mentioned  in  said  petition  to  be  done,  after  notice  of  their  intention  so  to  do 
has  been  published,  as  provided  in  section  four  of  this  Act.  No  order  or 
permission  shall  be  given  to  grade,  or  pile  and  cap,  any  street,  lane,  alley, 
place  or  court,  in  the  first  instance,  or  any  portion  thereof,  without  extend- 
ing and  completing  the  same  throughout  the  whole  width  of  such  street,  lane, 
alley,  place,  or  court.  When  any  such  work  has  heretofore  been  done,  or 
when  any  such  work  shall  hereafter  be  done,  in  violation  of  this  section, 
neither  the  lots,  or  portions  of  lots,  in  front  of  which  such  work  has  been  or 
may  be  done  hereafter,  nor  the  owners  thereof,  shall  be  exempt  from  assess- 
ments made  for  the  payment  of  the  work  afterward  done  to  complete  said 
street,  lane,  alley,  place,  or  court  to  its  full  width,  as  provided  in  section  eight 
of  this  Act. 

Sec.  6.  Before  the  awarding  of  any  contract  by  the  Board  of  Supervisors 
for  doing  any  work  authorized  by  section  three  of  this  Act,  the  Clerk  of  the 
Board  of  Supervisors  shall  cause  notice  to  be  conspicuously  po-jted  in  the 
of&ce  of  the  Superintendent  of  Public  Streets,  Highways  and  Squares,  and 
also  publish  for  five  days,  inviting  sealed  propesals  for  the  work  contem- 
templated,  which  notice  shall  specify  the  time  within  which  saidwork  is  to  be 
performed,  and  shall  contain  specifications,  to  be  furnished  by  said  Super- 
intendent of  Public  Streets,  Highways  and  Squares,  substantially  in  the 
manner  now  adopted  by  the  said  Clerk  of  said  Board  of  Supervisors;  and  all 
notices,  resolutions,  and  orders  required  to  be  posted  or  published  under  the 
provisions  of  this  law  shall  be  posted  or  published,  or  both  posted  and  pub- 
lished, as  the  law  may  require,  by  said  Clerk,  as  a  matter  of  course,  and 
without  any  special  direction  or  authority  from  said  Board  of  Supervisors. 
Prior  to  the  publication  of  the  notice  hereinbefore  provided,  the  Superin- 
tendent of  Public  Streets,  Highways  and  Squares  shall  furnish  specifications 
for  the  performance  of  any  and  all  street  work  ordered  by  the  Board  of 
Supervisors,  and  authorized  by  section  three  of  this  Act,  in  which  specifica- 
tions shall  be  given,  and  the  time  within  which  the  contract  must  be 
completed.     All  proposals  shall  be  delivered  to  the  Clerk  of  the  Board  of 


THE  CONSOLIDATION  ACT.  153 

Supervisors,  and  said  Board  of  Supervisors  shall,  in  open  session,  opou, 
oxiimine,  and  publicly  declare  the  same,  and  shall  award  paid  work  to  the 
lowest  responsible  bidder,  and  all  bids  shall  be  for  a  price  payable  in  gold 
coin  of  the  United  States;  provided,  said  Board  of  Supervisors  may  reject 
any  and  all  bids,  should  they  deem  it  for  the  public  good,  and  also  may  reject 
the  bid  of  any  partj'  who  may  be  proved  delinquent  or  unfaithful  in  any  for- 
mer contract  with  said  City  and  County;  and  if  all  bids  shall  be  rejected, 
the  said  Board  of  Supervisors  shall  direct  the  Clerk  of  said  Board  of  Super- 
visors to  again  post  said  notice,  and  publish  the  same,  as  in  the  first  instance. 
All  proposals  shall  be  accompanied  with  a  check,  payable  at  sight,  on  a  bank 
or  banking  house  in  said  City  and  County,  duly  certified,  for  the  sum  of  five 
hundred  dollars  United  States  gold  coin,  payable  to  the  order  of  the  Clerk  of 
the  Boai-d  of  Supervisors,  and  to  be  approved  by  him.  And  if  the  bidder  to 
whom  the  contract  is  awarded  shall  for  ten  days  thereafter  fail  or  neglect  to 
enter  into  a  contract,  as  hereinafter  provided,  and  to  commence  said  work 
within  iive  days  thereafter,  it  shall  be  the  duty  of  said  Superintendent  of 
Public  Streets,  Highways  and  Squares  to  certify  such  failure  on  the  part  of 
said  bidder  to  the  Clerk  of  the  Board  of  Supervisors,  who  shall  thereupon 
draw  the  money  due  on  said  check  and  pay  it  over  to  the  Treasurer  of  the 
City  and  County  of  San  Francisco,  to  be  by  him  placed  to  the  credit  of  the 
Street  Department  Fund.  It  is  further  provided,  that  all  persons,  owners 
included,  who  shall  fail  to  enter  into  any  contract  as  herein  provided,  or  to 
complete  the  contracts  entered  into,  are  hereby  prohibited  from  bidding  a 
second  time  for  the  same  work  ;and  in  case  of  owners, they  are  hereby  prohibited 
from  electing  to  take  the  same  work  a  second  time,  and  from  entering  into  any 
contract  concerning  the  same.  Notice  of  such  award  shall  be  published  for 
three  days  (Sundays  and  non-judicial  days  excepted),  and  within  five  days 
after  the  firbt  publication  of  such  award  the  owners  of  a  majority  of  the  front- 
age of  lots  and  lands  liable  to  be  assessed  for  said  work,  or  their  agents, 
and  who  shall  make  oath  that  they  are  such  owners,  or  the  agents  of  such 
owners,  may  elect  to  do  the  said  work,  and  enter  into  a  written  contract  to 
do  the  whole  work  at  the  price  for  which  the  same  is  awarded,  upon  giving 
the  bond  as  hereinafter  provided  ;  and  they  shall  commence  said  work 
within  fifteen  days  from  the  first  publication  last  above  mentioned,  and 
shall  prosecute  it  diligently  and  continuously,  and  complete  it  within  the 
time  limited  in  the  contract,  or  within  any  extended  time  ;  but  should  the 
said  contractor,  or  the  property  owners,  fail  to  prosecute  the  same  diligently 
or  continuously  in  the  judgment  of  said  Superintendent  of  Public  Streets, 
Highways  and  Squares,  or  complete  it  within  the  time  prescribed  in  the  con- 
tract, or  within  such  extended  time,  then  it  shall  be  the  duty  of  said  Super- 
intendent of  Public  Streets,  Highways  and  Squares  to  report  the  same  to 
the  Board  of  Supervisors,  who  shall,  without  farther  petition  on  behalf  of 
the  property  owners,  order  the  Clerk  of  the  Board  of  Supervisors  to  advertise 
for  bids,  as  in  the  first  instance,  and  relet  the  contract  in  the  manner  herein- 
before provided;  and  it  is  further  provided,  that  all  contractors  for  street  work 


154  THE  CONSOLIDATION  ACT. 

shall,  at  the  time  of  eutering  into  tiaid  contract,  execute  a  bond,  payable  to 
the  City  and  County  of  San  Francisco,  with  two  or  more  sureties,  in  the  sum 
of  not  less  than  one  thousand  dollars,  and  in  such  additional  amount  as  may 
be  fixed  by  said  Superintendent  of  Public  Streets,  Highways  and  Squares, 
conditioned  for  the  faithful  perfor  mance  of  said  contract;  and  said  sureties 
shall  justify  in  double  the  amount  of  the  penalty  fixed  in  said  bond,  such 
sureties  to  justify  before  said  SujDerintendent  of  Public  Streets,  Highways 
and  Squares,  or  his  deputy,  and  the  qualifications  and  responsibility  of  such 
sureties  shall  be  the  same  as  are  now  prescribed  for  sureties  on  the  official 
bonds  of  the  officers  of  said  City  and  County  of  San  Francisco;  and  it  is 
further  provided,  that  all  contractors  for  street  work,  at  the  time  of  entering 
into  contract,  and  giving  the  bond  as  hereinbefore  provided,  shall,  in  addi- 
tion, execute  a  proper  bond  with  two  good  and  sufficient  sureties,  who  must 
be  freeholders  of  said  City  and  County  of  San  Francisco,  in  the  sum  of 
five  hundred  dollars  (said  sureties  to  justify  in  double  the  amount),  condi- 
tioned that  in  case  of  the  non-fulfillment  of  the  contract,  said  sum  shall  be 
sued  for  and  collected  as  liquidated  damages  to  said  City  and  County  of 
San  Francisco  for  s\ich  failure  and  neglect;  and  it  shall  be  the  duty  of  the 
City  and  County  Attorney  to  sue  for  and  collect  said  sum  in  any  Court  of 
competent  jurisdiction,  and  pay  the  same  into  the  City  and  County  Treas- 
ury, to  the  credit  of  the  Street  Department  Fund. 

Sec.  7  The  Superintendent  of  Public  Streets,  Highways  and  Squares  is 
hereby  authorized,  in  his  official  capacity,  to  enter  into  all  written  contracts, 
and  to  receipt  all  bonds  authorized  by  this  Act,  and  to  do  any  other  acts, 
either  express  or  implied,  that  pertain  to  the  street  department  under  this 
Act;  and  said  Superintendent  of  Public  Streets,  Highways  and  Squares 
shall  fix  the  time  for  the  commencement  and  completion  of  the  work  under 
all  contracts  entered  into  by  him,  and  may  extend  the  time  so  fixed  from 
time  to  time,  under  the  direction  of  the  Board  of  Supervisors;  and  it  shall 
be  the  duty  of  the  Superintendent  of  Public  Streets,  Highways  and  Squares, 
on  the  execution  of  a  contract  to  perform  street  work,  or  on  the  passage  of 
a  resolution  by  the  Board  of  Supervisors  directing  an  extension  of  time  to 
be  granted  to  complete  a  contract,  to  cause  the  same  to  be  recorded  in  the 
office  of  the  County  Piecorder  of  the  City  and  County  of  San  Francisco;  and 
in  issuing  a  certificate  of  an  extension  of  time  to  be  recorded,  to  specify  in 
the  same  the  number  of  the  resolution  of  the  Board  of  Supervisors,  the 
date  thereof,  and  the  number  of  days  granted  for  completion  of  the  contract, 
a  general  description  of  the  work,  with  the  d^te  of  indorsement  of  said  ex- 
tension upon  the  original  contract;  and  prior  to  the  execution  of  a  contract, 
and  prior  to  granting  or  indorsing  upon  a  contract  as  aforesaid  any  extension 
of  time,  to  collect  from  said  contractor  or  his  assigns  the  sum  of  three  dol- 
lars for  each  contract,  and  the  sum  of  fifty  cents  for  each  and  every  exten- 
sion of  time.  And  the  County  Recorder  of  the  City  and  County  of  San 
Francisco  shall  cause  books  of  record  to  be  prepared,  to  be  entitled  Record 


THE  C0NS0LIDA.T10N  ACT.  155 

of  Street  Contracts,  iu  which  all  contracts  for  the  performance  of  street 
work,  and  all  extensions  of  time  grunted  by  the  Board  of  Supervisors,  as 
certified  to  by  the  Superintendent  of  Public  Streets,  Highways  and  Squares, 
shall  be  recorded,  said  books  to  be  properly  arranged  and  indexed,  so  as  to 
facilitate  reference  thereto;  and  for  each  contract  so  recorded,  said  County 
Recorder  of  the  City  and  County  of  San  Francisco  shall  charge  and  collect 
the  sum  of  three  dollars,  and  for  each  extension  of  time  the  sum  of  fifty 
cents;  and  iu  all  cases  where  said  Superintendent  of  Streets,  Highways  and 
Squares,  under  the  direction  of  said  Board  of  Supervisors,  has  extended  the 
time  for  the  performance  of  contracts,  the  same  shall  be  held  to  have  been 
legally  extended.  The  work  provided  for  in  section  three  of  this  Act  must 
in  all  cases  be  done  under  the  direction  and  to  the  satisfaction  of  the  Super- 
intendent of  Public  Streets,  Highways  and  Squares,  and  the  materials  used 
shall  be  such  as  are  required  by  the  said  Superintendent  of  Public  Streets, 
Highways  and  Squares,  and  all  contracts  made  therefor  must  contain  this 
condition,  and  also  express  notice  that  in  no  case  (except  when  it  is  other- 
wise provided  in  this  Act)  will  the  City  and  County  of  San  Francisco  be 
liable  for  any  portion  of  the  expense,  nor  for  any  delinquency  of  persons  or 
property  assessed.  The  o.ssessment  and  apportionment  of  the  expenses  of 
all  such  work  in  the  mode  herein  provided  shall  be  made  by  the  said  Super- 
intendent of  Public  Streets,  High\^ys  and  Squares. 

Sec.  8.  Subdivision  One.  The  expenses  incurred  for  any  work  authorized 
by  section  three  of  this  Act  shall  be  assessed  upon  the  lots  and  lands  front- 
ing thereon,  except  as  hereinbefore  specially  provided,  each  lot  or  portion 
of  lot  being  separately  assessed  in  proportion  to  its  frontage,  at  a  rate  per 
front  foot  sufficient  to  cover  the  total  expense  of  the  work. 

Subdivision  Two.  The  expense  of  all  improvements  (except  such  as  done 
by  contractors  under  the  provisions  of  section  fourteen  of  this  Act),  until 
the  streets,  street  crossings,  lanes,  alleys,  places,  or  courts  are  formally  ac- 
cepted as  provided  in  section  twenty-one  of  this  Act,  shall  be  assessed  upon 
the  lots  and  lands  as  provided  in  this  section,  according  to  the  nature  and 
character  of  the  work;  and  after  such  acceptance,  the  expense  of  all  work 
thereafter  done  thereon  shall  be  paid  by  said  City  and  County  of  San  Fran- 
aisco  out  of  the  Street  Department  Fund. 

Subdivision  Three.  The  expenses  of  work  done  on  main  street  crossings, 
except  such  as  are  provided  for  in  subdivision  eight  of  this  section,  shall  be 
assessed  upon  the  four  quarter  blocks  adjoining  and  cornering  on  the  cross- 
ings; and  each  lot  or  part  of  lot  in  such  quarter  blocks  fronting  on  such 
main  street  shall  be  separately  assessed,  according  to  its  proportion  of  front- 
age on  the  said  main  street. 

Subdivision  Four.  Where  a  street  terminates  at  right  angles  in  another 
main  street,  the  expense  of  the  work  done  on  one-half  the  width  of  the 
street  opposite  the  termination  shall  be  assessed  upon  the  lots  in  each  of  the 
two  quarter  blocks  adjoining  and  cornering  on   the  same,  according  to  the 


156'  THE  CONSOLIDATION  ACT. 

frontage  of  such  lots  on  said  main  streets,  and  the  expense  of  the  oiher  half 
of  the  width  of  the  said  street  upon  the  lots  fronting  on  the  latter  half  of  the 
street  opposite  such  termination. 

Subdivision  Five.  Where  any  small  or  subdivision  street  crosses  a  main 
street,  the  expense  of  all  work  done  on  said  crossing  shall  be  assessed  on  all 
the  lots  or  portions  of  lots  half  way  on  said  small  streets  to  the  next  crossing 
or  intersection  or  the  end  of  said  small  or  subdivision  street,  if  it  does  not 
meet  another. 

Suhdivision  Six.  The  expense  of  work  done  on  the  small  or  subdivision 
street  crossings  shall  be  assessed  on  the  lots  fronting  upon  such  small  streets, 
on  each  side  thereof  in  all  directions  half  way  to  the  next  street,  place,  or 
court,  on  either  side  respectively,  or  to  the  end  of  such  street,  if  it  does  not 
meet  another. 

Suhdivision  Seven.  When  a  small  street,  lane,  alley,  place,  or  court  ter- 
minates in  another  street,  lane,  alley,  place,  or  court,  the  expense  of  the  work 
done  on  one-half  of  the  width  of  the  street,  lane,  alley,  place  or  court  oppo- 
site the  termination  shall  be  assessed  upon  the  lots  fronting  on  such  small 
street,  lane,  alley,  place,  or  court  so  terminating  according  to  its  frontage 
thereon,  half  way  on  each  side  respectively,  to  the  next  street,  lane,  alley, 
place,  or  court,  or  to  the  end  of  such  street,  lane,  alley,  place,  or  court,  if  it 
does  not  meet  another,  and  the  other  half  of  the  width  upon  the  lots  front- 
ing such  termination. 

Subdivision  Eight.  The  maps  now  in  the  office  of  the  Superintendent  of 
Public  Streets,  Highways  and  Squares,  showing  the  street  crossings  or  spaces 
formed  or  made  by  the  junction  or  intersection  of  other  streets  with  Market 
street,  other  than  at  right  angles;  also  showing  other  street  crossings  adjoin- 
ing fractional  or  irregular  blocks  (all  of  which  crossings  or  spaces  are  colored 
on  said  maps  and  numbered  from  three  to  one  hundred  and  fifty,  inclusive), 
and  heretofore  certified  by  said  Superintendent  of  Public  Streets,  Hiaihways 
and  Squares — one  adopted  by  a  resolution  of  the  Board  of  Supervisors 
(number  fifteen  hundred  and  seventy-eight),  approved  on  the  sixteenth  day 
of  December,  eighteen  hundred  and  sixty-one,  and  the  other  adopted  by  a 
resolution  of  the  said  Board  of  Supervisors  (number  three  thousand  two  hun- 
dred and  eighty-four),  approved  on  the  twenty-first  day  of  March,  eighteen 
hundred  and  sixty  four,  which  resolutions  are  copied  on  the  face  of  said  maps 
respectively,  shall  be  deemed  and  held  to  be  official  maps  for  the  purposes  of 
this  Act,  and  the  same  are  hereby  approved.  And  the  expenses  incurred  for 
the  work  done  on  the  said  crossings  or  spaces  formed  by  the  junction  or  in- 
tersection of  East  street  with  Market  street,  and  of  other  streets  with  Market 
street,  and  not  squarely  in  front  of,  and  not  properly  assessable  to  lots  front- 
ing on  such  streets,  and  for  the  work  done  on  said  other  street  crossings  and 
spaces,  all  of  which  are  colored  on  said  maps,  shall  be  assessed  on  the  con- 
tiguous, adjacent,  and  neighboring  irregular  or  quarter  blocks  or  lots  of  land 
■which  are  of  the  same  color  as  the  crossings  or  spaces,  and  which  have  a 


THE  CONSOLIDATION  ACT.  157 

number  thereon  correspondiug  with  the  number  of  the  crossing  or  space  on 
which  the  work  has  been  done. 

Subdivision  Aiiie.  In  all  the  streets  constituting  the  water  front  of  the  City 
and  County  of  San  Francisco,  or  bounded  on  one  side  by  the  property  of 
said  City  and  County  of  San  Francisco,  or  crossings  cornering  thereon  or 
on  the  water  front,  the  expense  of  the  work  done  on  that  portion  of  said 
streets,  from  the  center  line  thereof  to  the  said  water  froni,  or  to  such  prop- 
erty of  the  City  and  County  of  San  Francisco  bounded  thereon,  and  one- 
fourth  of  their  crossings,  shall  be  provided  for  by  the  said  City  and  County 
of  San  Francisco;  but  no  contract  for  any  such  work  will  be  given  out  except 
to  the  lowest  responsible  bidder  after  an  observance  of  all  the  formalities  re- 
quired by  this  Act. 

Subdivision  Ten.  When  any  work  mentioned  in  section  three  of  this  Act 
(sewers,  manholes,  cesspools,  culverts,  crosswalks,  crossings,  curbings,  grad- 
ing, piling  and  capping  excepted)  is  done  on  one  side  of  the  center  line  of 
said  streets,  lanes,  alleys,  places  or  courts,  the  lots  or  portions  of  lots  front- 
ing on  that  side  only  in  front  of  whicn  said  work  is  done  shall  be  assessed  to 
cover  the  expenses  of  said  work  according  to  the  provisions  of  this  section. 
Subdivision  Eleven.  The  assessment  made  to  cover  the  expenses  of  grading, 
mentioned  in  the  proviso  in  section  four  of  this  Act,  shall  be  assessed  upon 
all  the  lands,  lots  and  portions  of  lots  fronting  on  either  side  of  said  street, 
lying  and  being  between  the  said  main  street  crossings  in  the  manner  pro- 
vided in  subdivision  one  of  this  section.  Before  any  work  is  done  under  a 
contract  to  complete  the  grading  of  a  partially  graded  street,  lane,  alley, 
place  or  court,  under  the  provisions  of  section  four  of  this  Act,  the  City  and 
County  Surveyor  shall  ascertain  as  near  as  possible  the  number  of  cubic 
yards  of  grading  done  previous  to  the  letting  of  the  contract  in  front  of  each 
lot  or  parcel  of  land  fronting  upon  the  work,  or  any  street  crossing  under 
contract,  and  also  ascertain  the  number  of  cubic  yards  of  grading  necessary 
to  complete  the  grading  included  in  the  contract,  and  certify  such  estimates 
to  the  Superintendent  of  Public  Streets,  Highways  and  Squares  before  the 
completion  of  the  work  included  in  the  contract.  And  when  any  owner  of  a 
lot  or  lots  fronting  on  said  partially  graded  street,  lane,  or  alley,  place,  or 
court,  or  any  part  liable  to  be  assessed  for  the  work  under  contract,  has  graded 
a  part  of  the  same,  and  desires  credit  for  grading  done  by  him  previous  to  the 
publication  of  the  notice  of  intention,  he  shall  apply  to  and  receive  from  the 
City  and  County  Survej'or  a  certificate  of  the  amount  of  grading  done  by  him 
or  those  under  whom  he  claims  or  deraigns  title,  for  which  he  is  entitled  to 
credit,  which  certificnte  shal  be  recorded  in  the  office  of  the  Superintendent 
of  Public  Streets,  Highways  and  Squares  (in  a  book  to  be  kept  for  that  pur- 
pose, properly  indexed,  so  that  reference  may  be  easily  had  thereto)  previous 
to  the  completion  of  the  grading  under  contract.  And  for  all  grading  done 
prior  to  the  passage  of  this  Act,  the  owner  of  a  lot  or  lots  desiring  credits 
shall  file  in  the  oflace  of  the  Superintendent  of  Public  Streets,  Highways  and 


158  THE  CONSOLIDATION  ACT. 

Squares  a  certificate  of  the  City  and  County  Surveyor  when  the  work  was 
performed,  showing  the  number  of  cubic  yards  of  grading  done  by  him  or 
those  under  whom  he  claims  or  deraigns  title,  which  certificate  shall  be  filed 
and  recorded  ia  the  office  of  said  Superintendent  of  Public  Streets,  Highways 
and  Squai'es,  and  shall  entitle  the  party  named,  or  his  successor  in  interest, 
to  credit  on  the  assessment  for  the  amount  specified;  provided,  no  party  shall 
be  entitled  to  any  jcredit  in  excess  of  his  assessment;  2»'oi; Wed,  however,  that 
he  shall  not  be  allowed  any  credits  at  any  time  for  any  embankment  made 
above  or  excavation  made  below  the  official  grade;  but  the  costs  of  removing 
such  embankment  or  filling  in  such  excavations  shall  always  be  charged  ex- 
clusively to  the  owner  or  owners  of  the  lot  or  lots  of  land  fronting  thereon,  in 
addition  to  the  pro  rata  rate  which  may  be  assessed  to  them.  If  the  credit  for 
grading,  so  certified  as  aforesaid  in  cubic  yards  or  measurement,  equals  the 
proportional  amount  of  grading  which  such  owner  would  be  obliged  to  do  if 
no  grading  had  been  done  on  such  street,  lane,  alley,  place,  or  court,  then  such 
owner  and  bis  lot  or  lots  shall  be  exempted  from  assessment  for  the  remaining 
work;  and  if  the  grading  done  by  such  owner  is  less  than  his  proportional 
share,  then  the  work  required  to  be  done  in  front  of  his  lot  or  lots,  according 
to  the  original  profile  of  the  land  previous  to  any  grading  thereon,  shall  be  in- 
cluded in  the  assessment,  and  the  work  certified  as  aforesaid  to  have  been 
done  by  him  at  his  own  expense,  shall  be  credited  to  him  at  the  contract  rate; 
provided,  that  in  making  the  assessment  to  cover  the  expense  of  any  work 
mentioned  in  this  section,  the  said  Superintendent  of  Public  Streets,  High- 
ways and  Squares  may  deviate  from  its  provisions  and  assess  such  lots  and 
lands  fronting  on  any  street,  lane,  alley,  place  or  court,  as  he  may  decide 
liable  to  assessment  for  said  work,  which  decision  may  be  appealed  from  as 
hereinafter  provided. 

Subdivision  Ticelve.  Section  one  of  an  Act  entitled  an  Act  amendatory  of 
and  supplementary  to  an  Act  to  provide  revenue  for  the  support  of  the  Gov- 
ernment of  this  State,  approved  April  twenty-ninth,  eighteen  hundred  and 
fifty-seven,  approved  AJ)ril  nineteenth,  eighteen  hundred  and  fifty-nine,  shall 
not  be  applicable  to  the  provisions  of  this  section,  but  the  property  therein 
mentioned  shall  be  subject  to  the  provisions  of  this  Act,  and  to  be  assessed 
for  the  work  done  under  the  provisions  of  this  section. 

Sec.  9.  After  the  contractor  of  any  street  work  has  fulfilled  his  contract 
to  the  satisfaction  of  the  Superintendent  of  Public  Streets,  Highways  and 
Squares,  the  said  Superintendent  of  Public  Streets,  Highways  and  Squares 
shall  make  an  assessment  to  cover  the  sum  due  for  the  work  performed  and 
specified  in  such  contract,  including  incidental  expenses  (if  any),  in  conformity 
with  the  provisions  of  this  Act,  and  according  to  the  character  of  the  work 
done,  which  assessment  shall  briefly  refer  to  the  contract,  the  work  contracted 
for  and  performed,  and  shall  allow  [show]  the  amount  to  be  paid  therefor, 
together  with  the  incidental  expenses  (if  any),  the  rate  per  front  foot  assessed, 
the  amount  of  each  assessment,  the  name  of  the  owner  of  each  lot  or  portion 


THE  CONSOLIDATION  ACT.  159 

of  lot,  if  known  lo  the  Superintendent  of  Public  Streets,  Highways  and 
Squares.  If  unknown,  the  word  "unknown  "  shall  be  written  opposite  the 
number  of  the  lot  (but  an  assessment  made  to  a  person  not  the  owner  shall 
not  render  huch  assessment  illegal),  and  the  amount  assessed  thereon,  the 
number  of  each  lot  or  portion  of  lot  assessed;  and  shall  have  attached  thereto 
a  diagram,  exhibiting  each  street  or  street  crossing,  lane,  alley,  place  or 
court  on  which  any  work  has  been  done,  and  showing  the  relative  location 
of  each  distinct  lot  or  portion  of  lot  to  the  work  done,  numbered  to  corres- 
pond with  the  numbers  in  the  assessment,  and  showing  the  number  of  feet 
frontage  assessed  for  said  work  and  contracted  for  and  performed,  and  such 
assessment  shall  in  all  cases  be  payable  in  gold  coin  of  the  United  States. 

Sec.  10.  To  said  assessment  shall  be  attached  a  warrant,  which  shall  be 
signed  by  the  Superintendent  of  Public  Streets,  Highways  and  Squares  and 
countersigned  by  the  Auditor  of  said  City  and  County  of  San  Francisco,  who, 
before  countersigning  it,  shall  examine  the  contract,  the  steps  taken  previous 
thereto,  and  the  record  of  assessments,  and  must  be  satisfied  that  the  pro- 
ceedings have  been  legal  and  fair.  The  said  warrant  shall  be  substantially 
in  the  followiug  form : 

"  FoBM  OF  Wabrant. — By  virtue  hereof,  I,  (name  of  Superintendent), 
Superintendent  of  Public  Streets,  Highways  and  Squares  of  the  City  and 
County  of  San  Francisco,  in  the  State  of  California,  by  virtue  of  the  authority 
vested  in  me  as  said  Superintendent  of  Public  Streets,  Highways  and  Squares, 
do  authorize  and  empower  (name  of  contractor),  (his  or  their)  agents  or 
assigns,  to  demand  and  receive  the  several  assessments  upon  the  assessment 
and  diagram  hereto  attached,  and  this  shall  be  (his  or  their)  warrant  for  the 
same. 

"  San  Francisco,  (date),  eighteen  hundred  and . 

"(Name  of  Superintendent), 
"  Superintendent  of  Public  Streets,  Highways  and  Squares. 
"  Countersigned  by  : 
"(Name  of  Auditor), 

"  Auditor  of  the  City  and  County  of  San  Francisco." 

Said  warrant,  assessment,  and  diagram  shall  be  immediately  recorded  in 
the  office  of  the  Superintendent  of  Public  Streets,  Highways  amd  Squares, 
and,  when  certified  and  so  recorded,  the  several  amounts  assessed  shall  be  a 
lien  upon  the  lands,  lots,  or  portions  of  lots  assessed,  respectively,  for  the 
period  of  two  years  from  the  date  of  said  recording,  unless  sooner  discharged; 
and,  when  suit  is  commenced  within  said  two  years,  said  lien  shall  continue 
for  six  months  after  the  final  determination  of  said  suit;  and  all  assessment 
liens  heretofore  created  shall  continue  in  full  force  for  two  years  from  the 
date  of  the  recording  of  said  warrant,  assessment,  and  diagram,  respectively; 


IGO  THE  CONSOLIDATION  ACT. 

and  when  suits  have  been  or  shall  hereafter  be  commenced  within  said  two 
years  from  the  date  of  said  recording,  said  liens  shall  continue  and  be  in  force 
until  the  end  of  six  months  from  the  final  determination  of  said  suits,  re- 
spectively; and  from  and  after  the  date  of  said  recording  of  any  warrant, 
assessment,  and  diagram,  all  persons  mentioned  in  section  twelve  of  this  Act 
shall  be  deemed  to  have  notice  of  the  contents  of  the  record  thereof.  After 
said  warrant,  assessment,  and  diagram  are  recorded,  the  same  shall  be  deliv- 
ered to  the  contractor,  or  his  agents  or  assigns,  on  demand,  but  not  until  after 
the  payment  to  the  said  Superintendent  of  Public  Streets,  Highways  and 
Squares  of  the  incidental  expenses  not  previously  paid  by  the  contractor  or 
his  assigns;  aud,  by  virtue  of  said  warrant,  said  contractor,  or  his  agents  or 
assigns,  shall  be  authorized  to  demand  and  receive  the  amount  of  the  several 
assessments  made  to  cover  the  sum  due  for  the  work  specified  in  such  con- 
tract and  assessment. 

Sec.  11.  The  contractor  or  his  assigns,  or  some  person  iu  his  or  their  be- 
half, shall  call  upon  the  person  assessed  or  their  agents,  if  they  can  conven- 
iently be  found,  and  demand  payment  of  the  amount  assessed  to  each.  If 
any  payment  be  made,  the  contractor,  his  assigns,  or  some  person  in  his  or 
their  behalf,  shall  receipt  the  same  upon  the  assessment,  in  presence  of  the 
person  making  such  payment,  and  shall  also  give  a  separate  receipt,  if  de- 
manded. Whenever  the  persons  so  assessed,  or  their  agents,  cannot  conven- 
iently be  found,  or  whenever  the  name  of  the  owner  of  the  lot  is  stated  as 
"Unknown  "  on  the  assessment,  then  the  said  contractor  or  his  assigns,  or 
some  person  in  his  or  their  behalf,  shall  publicly  demand  payment  on  the 
premises  assessed.  The  warrant  shall  be  returned  to  the  Superintendent  of 
Public  Streets,  Highways  and  Squares  within  ten  days  after  its  date,  with  a 
return  indorsed  thereon,  signed  by  the  contractor  or  his  assigns,  or  some  per- 
son iu  his  or  their  behalf,  verified  upon  oath,  stating  the  nature  and  char- 
acter of  the  demand,  and  whether  any  of  the  assessments  remain  unpaid,  in 
whole  or  in  part,  and  the  amount  thereof.  Thereupon  the  Superintendent  of 
Public  Streets,  Highways  and  Squares  shall  record  the  return  so  made  in 
the  margin  of  the  record  of  the  warrant  andassessment,  aud  also  the  original  ■ 
contract  referred  to  therein,  if  it  has  not  already  been  recorded,  at  full  length, 
in  a  book  to  be  kept  for  that  purpose  in  his  office,  and  shall  sign  the  record. 
The  said  Superintendent  of  Public  Streets,  Highways  and  Squares  is  author- 
ized at  any  time  to  receive  the  amounts  due  upon  any  assessment  list  and 
warrant  issued  by  him,  and  give  a  good  and  sufiicient  discharge  therefor;' 
provided,  that  no  such  payment  so  made  after  suit  has  been  commenced,  with- 
out the  consent  of  the  plaintiff  iu  the  action,  shall  operate  as  a  complete  dis- 
charge of  the  lien  until  the  costs  in  the  action  shall  be  refunded  to  the  plain-' 
tiff,  and  he  may  release  any  assessment  upon  the  books  in  his  office  on  the  . 
production  to  him  of  the  receipts  of  the  party  or  his  assigns,  to  whom  the 
assessment  and  warrant  was  issued.  Aud  if  any  contractor  shall  fail  to  re-  | 
turn  his  warrant  within  the  time  and  in  the  form  provided  in  this  section,  he ! 
shall  thenceforth  have  no  lien  upon  the  property  assessed;  jorouirfed,  however,. 


THE  CONSOLIDATION  ACT.  161 

that  in  case  any  warrant  is  lost,  upon  proof  of  such  loss  a  duplicate  can  be 
issued  upon  which  a  return  may  be  made  with  the  same  effect  as  if  the  origin- 
al had  been  so  returned.  After  the  return  of  the  assessment  and  warrant  as 
aforesaid,  all  amounts  remaining  due  thereon  shall  draw  interest  at  the  rate 
of  one  per  cent,  per  mouth  until  paid. 

Sec.  12.  The  owner,  contractor  or  his  assigns,  and  all  persons,  whether 
named  in  the  assessment  or  not,  feeling  aggrieved  by  any  of  the  acts  or  de- 
terminations of  the  said  Superintendent  of  Public  Streets,  Highways  and 
Squares,  in  relation  to  the  acceptance  of  work  or  to  the  assessment,  or  to  any 
act,  proceeding,  matter  or  thing  done,  suffered  or  committed  by  him,  shall, 
within  fifteen  days  after  the  issuance  of  said  assessment  as  provided,  appeal 
to  said  Board  of  Supervisors  as  provided  in  this  section,  by  briefly  stating 
their  objections  in  writing,  and  filing  the  same  with  the  Clex'k  of  said  Board 
of  Supervisors.  Notice  of  the  time  and  place  of  hearing,  briefly  referring  to 
the  subject  matters  of  appeal  and  to  the  acts  or  determination  objected  to  or 
complained  of,  shall  be  published  for  five  days,  Sundays  and  nou-jadicial 
days  excepted.  The  said  Board  of  Supervisors,  on  appeal,  may  correct,  alter 
or  modify  said  assessment  as  to  them  shall  seem  just,  and  may  annul  the  same, 
and  may  order  a  new  assessment  to  be  made  in  the  manner  by  them  directed; 
and  may  make  any  order  or  decision  in  relation  to  any  contract  or  the  per- 
formance thereof,  or  in  relation  to  any  of  the  acts  of  the  contractor  or  the 
said  Superintendent  of  Public  Streets,  Highways  and  Squares,  prior  to  the 
date  of  the  hearing  of  said  appeal.  And  all  the  decisions  and  determinations 
of  said  Board  of  Supervisors  shall  be  final  and  conclusive  upon  all  jaarties 
entitled  to  an  appeal.  The  said  warrant,  assessment  and  diagram  shall  be 
held  prima  facie  evidence  of  the  regularity  and  correctness  of  the  assessment, 
and  of  the  prior  preceedings  and  acts  of  the  said  Superintendent  of  Public 
Streets,  Highways  and  Squares,  and  of  the  regularity  of  all  the  acts  and  pro- 
ceedings of  the  Board  of  Supervisors  upon  which  said  warrant,  assessment 
and  diagram  are  based.  After  jurisdiction  to  order  any  work  has  been  ob- 
tained, no  irregularity  in  any  of  the  subsequent  proceedings  shall  render  any 
assessment  illegal. 

Sec.  13.  At  any  time  after  the  period  of  fifteen  days  from  the  day  of  the 
date  of  the  warrant  as  hereinbefore  provided,  or  if  an  appeal  is  taken  to  the 
Board  of  Supervisors,  as  is  provided  in  section  twelve  of  this  Act,  any  time 
after  five  days  from  the  decision  of  said  Board  of  Supervisors,  or  after  the 
return  of  the  warrant  or  assessment  after  the  same  may  have  been  corrected, 
altered,  or  modified,  as  provided  in  section  twelve  of  this  Act  (but  not  less 
than  fifteen  days  froai  the  date  of  the  warrant),  the  contractor  or  his  assigns 
may  sue,  in  his  own  name,  the  owner  of  the  land,  lot,  or  portions  of  lots 
assessed,  on  the  day  of  the  date  of  the  recording  of  the  warrant,  assessment, 
and  diagram,  or  on  any  day  thereafter  during  the  continuance  of  the  lien  of 
said  assessment,  and  recover  the  amount  of  any  assessment  remaining  due 
and  uupuiu,  with  interest  thereon,  as  hereinbefore  provided;  and  in  all  cases 
11 


162  THE  CONSOLIDATION  ACT. 

of  recovery  under  the  provisions  of  this  Act,  the  plaintiff  shall  recover  the 
sum  of  fifteen  dolkrs  in  addition  to  the  taxable  costs,  as  attorney's  fees,  pro- 
vided he  shall  waive  the  percentage  on  recovery  as  provided  by  law.      Suit 
may  be  brought  in  any  Court  in  said  City  and  County  of  San  Francisco;  and 
in  case  auj'  one  or  more  of  the  items  in  the  assessment  or  assessments  are 
against  owners  thereof  who  cannot  with  due  diligence  be  found,  the  serviceJ 
in  each  of  such  actions  may  be  had  either  in  manner  a>i  is  now  prescribed  by] 
the  Civil  Practice  Act  of  this  State,  or  in  manner  as  is  prescribed  by  an  Act  j 
of  the  Legislature  of  the  State  of  California,  entitled  "An  Act  supplement- 
ary to  an  Act  entitled  an  Act  in  relation  to  suits  brought  for  the  collection  of  | 
delinquent  taxes,  approved  May  twelfth,  eighteen  hundred   and  sixty-two,] 
approved  March  twenty-fourth,  eighteen  hundred  and  sixty-four,"  and  thej 
remedies  (herein  provided  are  cumulative.      The  Court  in  which   siach  suitj 
shall  be  commenced  shall  have  i^ower  to  adjudge  and  decree   a  lien  against] 
the  premises  assessed,  and  to  order  such  premises  to  be  sold  on  execution  orj 
decree,  as  in  other  cases  of  the  sale  of  real  estate  by  the  process  of  said] 
Courts;  and  on  appeal  the  appellate  Court  shall  be  vested  with  the  same] 
power  to  adjudge  and  decree  a  lien,  and  to  order  to  be  sold  such  premises  onj 
execution  or  decree,  as  is  conferred  on  the  Court  from  which  an  appeal  iaj 
taken.    Such  premises,  if  sold,  may  be  redeemed  as  in  other  cases.    In  bring-] 
ing  an  action  to  recover  street  assessments  the  complaint  need  not  show  any] 
of  the  proceedings  prior  to  the  issuance  of  the  assessment,  diagram,  and  cer- 
tificate;  but  it  shall  be  held  legally  sufficient  if  it  shows  the  title  of  the  Court  j 
in  which  the  action  is  brought  [by?]  the  parties  plaintiff  and  defendant,  the 
date  of  the  issuance  of  the  assessment,  the  date  of  the  recording  thereof,  j 
the  book  and  page  where  recorded,  a  general  statement  of  the  work  done,  a  j 
description  of  the  lot  or  lots  sought  to  be  charged  with  the  assessments,  the  j 
amount  assessed  thereon,  that  the  same  remains   unpaid,  and  the  proper 
prayer  for  relief.     In  all  suits  brought  to  recover  street  assessments  the  pro- 
ceedings therein  shall  be  general  and  regulated  by  the  provisions  of  this  Act  J 
and  also,  when  not  in  conflict  herewith,  by  the   Civil  Practice    Act  of  this 
State;  but  no  defense  shall  be  interposed  except: 

First — Want  of  jurisdiction  to  order  work; 

Second — That  the  assessment  has  been  paid; 

Third — Fraud  in  the  assessment,  or  in  any  of  the  acts  or  proceedings  prior 
thereto,  setting  out  the  facts  showing  such  fraud. 

It  is  hereby  expressly  provided  that  nothing  but  gold  and  silver  coin  of 
the  United  States  shall  be  received  in  payment  of  street  assessments,  and  the 
judgment  or  decree  in  every  case  shall  be  made  payable  in  and  entered  for 
gold  coin. 

Sec.  14.  The  Supei-intendent  of  Public  Streets,  Highways  and  Squares 
may  require,  at  bis  option,  by  notice  in  writing,  to  be  delivered  to  them  per- 
sonally or  left  on  the  premises,  the  owners,  tenants  or  occupants  of  lots  or 
portions  of  lots  liable  to  be  assessed  for  work  done  under  the  provisions  of 


THE  CONSOLIDATION  ACT.  163 

this  Act,  to  improve  forthwith  any  of  the  work  mentioned  in  section  three 
of  this  Act  in  front  of  the  property  of  which  he  is  the  owner,  tenant  or  oc- 
cupant, to  the  center  of  the  street  or  otherwise,  as  the  case  may  require,  or 
to  remove  all  filth,  sand,  earth  or  dirt  from  the  street  in  front  of  his  premises; 
and  by  a  like  notice,  to  be  served  personally  ripon  the  president  or  any  ofiS- 
cer  of  a  railroad  corporation  or  company  or  to  be  left  at  the  oflSce  of  said 
corporation  or  company,  to  require  such  corporation  or  company  to  improve 
forthwith  auy  work  mentioned  in  this  Act  which  said  corporation. or  company 
are  required  by  law  to  do  and  perform,  said  notice  to  specify  what  improve- 
ment is  required  or  work  is  to  be  done.  After  the  expiration  of  five  days  the 
said  Superintendent  of  Public  Streets,  Highways  and  Squares  shall  be  deemed 
to  have  acquired  jurisdiction  to  contract  tor  the  doing  of  the  work,  or  mak- 
ing the  improvements,  or  the  removing  of  the  filth,  sand,  earth  or  dirt  re- 
quired by  said  notice.  If  such  improvement  or  work  of  cleaning  be  not 
commenced  within  five  daj's  after  notice  given,  as  aforesaid,  and  diligently, 
and  without  interruption,  prosecuted  to  completion,  the  said  Superintendent 
of  Public  Streets,  Highways  and  Squares  may  enter  into  a  contract  with  auy 
suitable  person  to  make  said  improvement,  or  to  do  said  cleaning,  at  the  ex- 
pense of  the  owner,  tenant  or  occupant,  or  railroad  corporation  or  company, 
as  the  case  may  be,  at  a  reasonable  price,  to  be  determined  by  said  Suiierin- 
tendent  of  Public  Streets,  Highways  and  Squares;  and  such  owner,  tenant  or 
occupant,  or  railroad  corporation  or  company,  shall  be  liable  to  pay  the  same. 
After  the  certificate  referred  to  in  section  fifteen  shall  have  been  recorded  in 
the  office  of  [the  Superintendent  of]  Public  Streets,  Highways  and  Squares, 
the  sum  contracted  to  be  paid  shall  be  a  lien,  the  same  as  provided  in  section 
ten  of  this  Act,  and  also  a  lien  upon  the  franchise  and  property  of  said  cor- 
poration or  company,  and  may  be  enforced  in  the  same  manner  as  other  as- 
sessments. 

Sec.  15.  If  the  expense  of  such  improvements  or  removing  such  sand, 
earth,  dirt  or  filth,  after  the  completion  thereof,  be  not  paid  to  the  contractor 
so  employed,  or  his  agent  or  assignee,  on  demand,  the  said  contractor  or  his 
assigns  shall  have  the  right  to  sue  the  owner,  tenant  or  occupant,  or  railroad 
corporation  or  company,  under  the  provisions  of  this  Act,  for  the  amount 
contracted  to  be  paid,  and  the  certificate  of  the  Superintendent  of  Public 
Streets,  Highways  and  Squares  that  the  work  has  been  jjroperly  done,  and 
that  the  charges  for  the  same  are  reasonable  and  just,  shall  be  prima  facie 
evidence  of  the  amount  claimed  for  said  work  and  of  the  right  of  the  con- 
tractor to  recover  the  same  in  si;ch  action. 

Sec.  16.  In  addition,  and  as  cumulative  to  the  remedies  above  given,  the 
Board  of  Supervisors  shall  have  power,  by  ordinance,  to  prescribe  the  pen- 
alties that  shall  be  incurred  by  any  owner,  tenant,  occupant,  or  railroad  cor- 
poration or  company  neglecting  or  refusing  to  make  improvements  or  remove 
sand,  earth,  dirt  or  filth,  as  provided  for  in  section  fourteen  of  this  Act 
which  fines  and  penalties  shall  be  recovered  for  the  use  of  the  City  and 


164  THE  CONSOLIDATION  ACT. 

County  of  San  Francisco,  by  prosecution  in  the  name  of  the  people  of  the 
State  of  California,  in  the  Police  Judge's  Court  of  the  City  and  County  of 
San  Francisco,  which  shall  have  jurisdiction  in  all  such  cases.  All  fines  col- 
lected hereunder  shall  be  paid  into  the  Treasury  of  the  City  and  County  of 
San  Francisco,  to  the  credit  of  the  Street  Department  Fund,  at  least  once  in 
each  week. 

Sec.  17,  The  person  owning  the  fee,  or  the  person  in  the  possession  of 
lands,  lots,  or  portions  of  lots,  or  buildings,  under  claim  of  ownership,  or 
exercising  acts  of  ownership  over  the  same  for  himself,  or  as  the  adminis- 
trator or  guardian  of  the  owner,  or  the  person  in  whom  on  the  day  the  action 
commenced  appears  the  legal  title  to  the  land  by  deeds  recorded  in  the  Re- 
corder's office  in  the  City  and  County  of  San  Francisco,  shall  be  regarded, 
treated,  and  deemed  to  be  the  owner  (for  the  purposes  of  this  law),  accord- 
ing to  the  intent  and  meaning  of  that  word  as  used  in  this  Act;  and  in 
case  of  property  leased,  possession  by  a  tenant  or  lessee  holding  and 
occupying  under  an  owner  shall  be  deemed  to  be  in  possession  by  such 
owner. 

Sec.  18.  The  records  kept  by  the  Superintendent  of  Public  Streets,  High- 
ways and  Squares,  in  conformity  with  the  provisions  of  this  Act,  and  signed 
by  him,  shall  have  the  same  force  and  effect  as  other  public  records,  and  such 
records  or  copies  thereof,  duly  certified  by  said  Superintendent  of  Public 
Streets,  Highways  and  Squares,  may  be  used  in  evidence  with  the  same  force 
and  effect  as  the  original  assessments,  diagrams,  and  warrants.  The  said  rec- 
ords shall,  during  all  office  hours,  be  open  to  the  inspection  of  any  citizen 
wishing  to  examine  them,  free  of  charge. 

Sec.  19.  Notices  in  writing,  which  are  required  to  be  given  by  the  Super- 
intendent of  Public  Streets,  Highways  and  Squares,  under  the  provisions  of 
this  Act,  may  be  served  by  any  police  officer,  and  the  fact  of  such  service 
shall  be  verified  by  the  oath  of  the  person  making  it,  taken  before  the  Super- 
intendent (who  is  hereby  authorized  to  administer  oaths),  Police  Judge,  or 
any  Judge,  or  Justice  of  the  Peace;  or  such  notices,  whether  verbal  or  writ- 
ten, may  be  delivered  by  the  Superintendent  of  Public  Streets,  Highways  and 
Squares  himself,  or  any  of  his  deputies.  The  Superintendent  of  Public 
Streets,  Highways  and  Squares  shall  keep  a  record  of  the  fact  of  giving  such 
notices  and  proof  of  service. 

Sec.  20.  When  any  street  or  portion  of  a  street  has  been  or  shall  here- 
after be  constructed  to  the  satisfaction  of  the  Committee  on  Street3,Wharves, 
Grades  and  Public  Squares  of  the  Board  of  Supervisors,  and  the  said  Super- 
intendent of  Public  Streets,  Highways  and  Squares,  ana  shall  have  a  brick 
sewer  or  cement  pipe  constructed  therein,  under  such  regulations  as  said  • 
Board  of  Supervisors  shall  adopt,  the  same  shall  be  accepted  by  the  said 
Board  of  Supervisors,  and  thereafter  shall  be  kept  open  and  improved  by  the 
Slid  City  and  County,  the  expense  thereof,  together  with  all  work  done  in 


THE  CONSOLIDATION  ACT.  165 

front  of  City  property,  to  ba  paid  out  of  the  Street  Department  Fund;  pro- 
vided, that  the  Board  of  Supervisors  shall  not  accept  any  portion  of  the 
street  less  than  the  entire  width  of  the  roadway  (including  the  curbing  and 
one  block  in  length,  or  one  entire  crossing) ;  and  provided  further  that  the 
Board  of  Supervisors,  may,  partially  or  conditionally,  accept  any  street  or 
portion  of  a  street  without  a  sewer  or  pipe  therein,  as  above  stated,  if  a  sewer 
or  pipe  therein  shall  be  deemed  by  them  unnecessary;  but  the  lots  of  land 
previously  assessable  for  the  cost  of  construction  of  a  sewer  or  pipe  shall  still 
remain  and  be  assessable  for  such  cost,  and  for  the  cost  of  rei:)air  and  restora- 
tion of  the  street  damaged  in  the  said  construction,  when  a  sewer  or  pipe 
shall  be  deemed  necessary,  the  same  as  if  no  partial  or  conditional  acceptance 
had  ever  bsen  had.  The  said  Superintendent  of  Public  Streets,  Highways 
and  Squares  shall  keep  in  his  ofl&ce  a  register  of  all  accepted  streets,  the  same 
to  be  indexed  so  that  reference  may  be  easily  had  thereto.  * 

Sec.  21.  The  said  Superintendent  of  Public  Streets,  Highways  and 
Squares  shall  keep  a  public  office,  in  some  convenient  place  to  be  designated 
by  the  Board  of  Supervisors,  and  his  office  shall  ba  kept  open  as  in  this  Act 
required.  He  shall  not,  during  his  continuance  in  office,  follow  any  other 
profession  or  calling,  but  shall  be  required  to  devote  himself  exclusively  to 
the  duties  of  his  office.  He  shall  be  allowed  not  more  than  sixteen  deputies, 
to  be  by  him  appointed  from  time  to  time;  three  of  said  deputies  shall  receive 
a  salary  of  two  hundred  dollars  per  month  each,  and  six  of  said  deputies 
shall  receive  a  salary  of  hundred  and  fifty  dollars  per  month  each,  and 
seven  of  said  deputies  shall  receive  a  salary  of  hundred  and  twenty-five 
dollars  per  month  each.  It  shall  be  lawful  for  the  said  deputies  to  perform 
all  or  any  of  the  duties  conferred  by  this  Act  upon  the  Superintendent  of 
Public  Streets,  Highways  and  Squares,  under  the  direction  of  said  Supex-- 
intendent  of  Public  Streets,  Highways  and  Squares,  except  the  acceptance 
or  approval  of  work  done.  The  Superintendent  of  Public  Streets,  Highways 
and  Squares,  or  his  deputies,  shall  superintend  and  direct  the  cleaning  of  all 
the  public  streets  and  the  cleaning  of  all  sewers  in  the  public  streets;  and 
the  expense  of  the  same  shall  be  paid  out  of  the  Street  Department  Fund, 
in  the  same  manner  provided  for  the  improvement  of  streets  that  have  been 
finally  accepted,  as  in  this  Act  provided.  {^Ai  amended  by  A^A  of  March  2, 
1878;  1878,  139]. 

Sec.  22.  It  shall  be  the  duty  of  said  Superintendent  of  Pablic  Streets, 
Highways  and  Squares  to  see  that  the  laws,  orders  and  regulations  relative  to 
the  public  streets  and  highways  ai'e  carried  into  execution,  and  that  the  pen- 
alties therefor  are  rigidly  enforced,  as  may  be  prescribed  by  the  Baard  of 
Supervisors.  It  is  required  that  he  shall  keep  himself  informed  of  the  con- 
dition of  all  public  streets  and  highways,  and  also  of  all  public  buildings, 

"The  comlitiou  of  acceptance  of  streets  was  niodilieil  by  Act  of  April  1.  187S;  1878,  959. 


166  THE  CONSOLIDATION  ACT. 

parks,  lots,  and  groumls  of  the  said  City  and  County,  as  may  be  prpscribed 
by  the  said  Bomd  of  Supervisors.  He  shall,  before  entering  upon  the  duties 
of  his  ofl&ce,  give  bonds  to  the  City  and  County,  in  such  sums  as  may  be  fixed 
by  the  said  Board  of  Supervisors,  conditioned  for  the  faithful  discharge  of 
the  duties  of  his  office;  and  should  such  Superintendent  of  Public  Streets, 
Highways  and  Squares  fail  to  see  that  the  laws,  orders,  and  regulations 
relating  to  public  streets  and  highways  are  carried  into  execution,  after  notice 
from  any  citizen  of  a  violation  thereof,  the  said  Superintendent  of  Public 
Streets,  Highways  and  Squares  and  his  sureties  shall  be  liable  upon  his  offi- 
cial bond  to  any  person  injured  in  his  person  or  property  in  consequence  of 
said  official  neglect. 

Sec.  23.  No  recourse  shall  be  had  against  said  City  and  County  for  dam- 
age to  person  or  property  suffered  or  sustained  by  or  by  reason  of  the  defect- 
ive condition  of  any  street  or  public  highway  of  said  City  and  County, 
whether  originally  existing  or  occasioned  by  construction,  excavation,  or  em- 
bankment, or  want  of  repair  of  said  street  or  public  highway,  aud  whether 
such  damage  be  occasioned  by  accident  on  such  street  or  public  highway,  or 
by  falling  from  or  upon  the  same;  but  if  any  person  while  carefully  using  any 
street  or  public  highway  of  said  Citj'  and  County,  graded  or  in  course  of  being 
graded,  or  carefully  using  any  other  street  or  public  highway  leading  into  or 
crossing  the  same,  be  injured,  killed,  lost  or  destroyed,  or  any  horses,  ani- 
mals, or  other  property  be  lost,  injured,  or  destroyed  through  any  defect  in 
said  street  or  public  highway,  graded  or  in  course  of  being  graded  as  afore- 
said, or  by  reason  of  any  excavation  or  embankment  in  or  of  the  same,  or  by 
falling  from  or  upon  such  embankment  or  excavation,  then  the  person  or  per- 
sons upon  whom  the  law  may  impose  the  duty  either  to  repair  such  defect 
or  to  guard  the  iDublic  from  the  excavation,  embankment,  or  grading 
aforesaid,  and  also  the  officer  or  officers  through  whose  official  neglect  such 
defect  remained  unrepaired,  or  said  excavation  or  embankment  remained  un- 
guarded as  aforesaid,  shall  be  jointly  and  severally  liable  to  the  person  or 
persons  injured  for  the  damages  sustained.* 

Sec.  24.  The  City  and  County  Surveyor  shall  be  the  proper  officer  to  do 
the  surveying  aud  other  work  which  may  be  necessary  to  be  done  under  sec- 
tions one  and  two  of  this  Act,  and  to  survey,  measure,  and  estimate  the  work 
done  under  contracts  for  grading  streets;  and  every  certificate  of  work  done, 
given  by  him,  signed  in  his  official  character,  shall  be  jDrima  facie  evidence 
in  all  Courts  in  this  State  of  the  truth  of  its  contents.  He  shall  also  keep  a 
record  of  all  suiveys  made  under  the  provisions  of  section  one  of  this  Act  as 
in  other  cases.  The  Superintendent  of  Public  Streets,  Highways  and  Squares 
shall  measure  and  determine  any  other  work  which  may  be  done  under  the 
provisions  of  this  Act. 

•  Is  this  section  amended  by  the  Street  Law  of  1885  ? 


THE  CONSOLIDATION  ACT.  1G7 

Second.  The  wonls  "  improve,"  "  improved,"  and  "  improvements,"  as 
used  in  this  Act,  shall  include  all  necessary  repairs  of  all  work  mentioned  in 
section  three  of  this  Act,  and  also  the  reconstruction  of  all  or  any  portion  of 
said  work. 

Third.  The  term  "  main  street,"  as  used  in  this  Act,  means  such  street; 
or  streets  as  bound  a  block;  the  term  "street  "  shall  include  crossing. 

Fourth.  The  word  "  block  "  shall  mean  the  blocks  which  are  known  or 
designated  as  such  on  the  map  and  books  of  the  Assessor  of  Said  City  and 
Coixnty  of  San  Francisco. 

Fifth.  The  term  "  incidental  expenses  "  shall  mean  the  expense  for  work 
done  by  the  City  and  County  Surveyor  under  the  provisions  of  this  Act;  also, 
the  expense  of  printing,  measuring,  and  advertising  the  work  done  under 
contracts  for  grading. 

Sixtli.  The  publication  of  notices  required  by  the  provisions  of  this  Act 
shall  be  published  daily  (Sundaj'S  and  non-judicial  days  excepted)  in  the 
newspaper  doing  the  printing  by  contract  for  the  said  City  and  County  of 
San  Francisco. 

Seventh.  The  word  "  paved,"  within  the  meaning  of  this  Act,  shall  be  held 
to  mean  and  embrace  pavement  of  stone,  iron,  wood,  or  other  materials 
which  the  Board  of  Supervisors  shall  by  ordinance  adopt,  whether  patented 
or  not. 

Sec.  25.  All  assessments  hereafter  to  be  made,  to  cover  the  expense  of 
work  provided  for  by  contracts  awarded  prior  to  the  passage  of  this  Act,  shall 
be  assessed  by  the  Superintendent  of  Public  Streets,  Highways  and  Squares 
in  manner  as  is  provided  by  the  law  in  relation  to  assessments  in  force  at  the 
time  said  work  was  awarded.  The  ofiice  of  the  Assistant  City  and  County 
Attorney  is  hereby  abolished,  and  the  City  and  County  Attorney  is  hereby 
substituted  for  such  oflticer,  for  the  purposes  of  the  prosecution  and  collection 
of  the  assessments  issued  under  the  provisions  of  the  Act  approved  April 
fourth,  eighteen  hundred  and  seventy,  and  is  investsd  with  the  same  author- 
ity to  commence  suits,  and  prosecute  and  continue  all  suits  now  pending; 
provided,  that  any  contractor  or  his  assigns,  for  whose  benefit  any  such  as- 
sessment may  have  been  made,  may  at  his  or  their  option  collect  the  same, 
in  which  event  the  City  and  County  of  San  Francisco  shall  be  liable  and 
responsible  for  no  pfirt  or  portion  of  such  assessment.  Any  assessment, 
diagram,  and  certificate  in  the  possession  of  the  Superintendent  of  Public 
Streets,  Highways  and  Squares,  or  of  the  Tax  Collector,  or  of  the  City  and 
County  Attorney,  made  in  pursuance  of  .the  Act  ajjproved  April  fourth,  eighteen 
hundred  and  seventy,  shall,  on  demand  of  the  contractor  named  therein,  or 
his  assigns,  be  delivered  to  him  or  them,  as  the  case  may  be,  and  thereupon 
all  moneys  which  have  been  collected  on  account  of  said  assessment  shall  be 
paid  to  the  City  and  County  Treasurer,  as  provided  by  the  Act  approved 


168  THE  CONSOLIDATION  ACT. 

April  fourth,  eighteen  hundred  and  seventy,  and  by  the  Treasurer  paid  over 
to  the  parties  entitled  thereto;  such  delivery  of  the  assessment,  diagram,  and 
certificate,  or  either,  shall  terminate  the  liability  of  the  City  and  County  of 
San  Francisco  in  the  matter  involved  therein;  and  the  reception  of  the  assess- 
ment, diagram,  and  certificate,  or  either,  shall  be  held  to  be  a  waiver  on  the 
part  of  the  said  contractor,  or  his  assigns,  of  any  claims  whatever  thereunder 
against  said  City  and  County.  Immediately  upon  such  delivery,  the  said 
contractor  and  his  assigns  shall  be  fully  empowered  to  collect  such  assess- 
ment in  the  manner  herein  provided  for  the  collection  of  assessments  made, 
or  to  be  made,  under  the  provisions  of  this  Act.  The  Mayor,  by  and  with 
the  consent  of  the  Board  of  Supervisors,  is  hereby  empowered  to  allow  the 
City  and  County  Attorney  suoh  assistance  as  may  be  necessary  for  the  pur- 
poses of  this  section,  at  an  expense  not  exceeding  two  hundred  and  fifty  dol- 
lars per  month,  payable  out  of  the  General  Fund. 

Sec.  26.  The  Superintendent  of  Public  Streets,  Highways  and  Squares, 
and  his  deputies,  shall  take  charge  of  and  superintend  the  construction  or 
improvement  of  each  and  every  sewer,  and  of  piling  and  capping,  and  of  re- 
piling  and  recapping,  paving  and  repaving,  macadamizing  and  remacadamiz- 
ing,  and  all  other  street  work  and  improvements;  and  it  shall  be  their  duty 
to  see  that  the  contract  made  for  the  doing  of  said  work  is  strictly  fulfilled  in 
every  respect.  It  shall  be  the  duty  of  the  Superintendent  of  Public  Streets, 
Highways  and  Squares,  or  any  of  his  dejDuties,  to  enter  upon  a  record  book, 
to  be  kept  in  the  ofifice  of  said  Superintendent  of  Public  Streets,  Highways 
and  Squares  for  public  inspection,  entries  under  appropriate  headings,  show- 
ing how  often,  at  what  time,  and  by  whom  the  work  has  been  inspected,  and 
in  what  manner  the  same  is  being  performed;  and  on  the  completion  of  said 
work,  and  prior  to  the  issuance  of  the  assessment  therefor,  if  the  work  has 
been  performed  and  completed  in  accordance  with  the  terms  of  the  contract 
and  specification,  an  entry  certifying  to  the  same,  signed  by  the  aforesaid 
Superintendent  of  Public  Streets,  Highways  and  Squares,  or  any  of  said 
deputies,  who'have  had  charge  of  and  superintended  the  work  performed. 

Sec.  27.  Article  four,  embracing  sections  from  thirty-six  to  sixty-four  in- 
clusive, of  an  Act  entitled  "An  Act  to  repeal  the  several  charters  of  the  City 
of  San  Francisco  and  to  establish  the  boundaries  of  the  City  and  County  of 
San  Francisco  and  to  consolidate  the  government  thereof,"  approved  April 
nineteenth,  eighteen  hundred  and  fifty-six,  and  sections  three,  four,  five,  six, 
seven,  eight,  nine,  ten,  eleven,  twelve,  thirteen  and  fourteen  of  an  Act  entitled 
"  An  Act  amendatory  to  an  Act  entitled  an  Act  to  repeal  the  several  charters  of 
the  City  of  San  Francisco,  to  establish  the  boundaries  of  the  City  and  County 
of  San  Francisco,  and  to  consolidate  the  government  thereof,"  approvc-d 
April  nineteenth,  eighteen  hundred  and  fifty-six,  approved  March  twenty- 
eighth,  eighteen  hundred  and  fifty-nine,  and  sections  two,  three,  four,  five, 
six,  seven,  eight,  nine,  ten,  eleven,  twelve,  thirteen,  sixteen  and  seventeen  of 
an  Act  eutitl  ed  "An  Act  amendatory  of  an  Act  entitled  an  Act  to  repeal  the 


THE  CONSOLIDATION  ACT.  169 

several  charters  of  the  City  of  San  Francisco,  and  to  establish  the  bound- 
aries of  the  City  and  County  of  Sun  Trancisco,  and  to  conwlidate  the  gov- 
ernment thereof,"  approved  April  nineteenth,  eighteen  hundred  and  fifty- 
six;  and  of  an  Act  amendatory  and  supplementary  thereof,  approved  the 
eigteeuth  day  of  April,  eighteen  hundred  and  fifty-seven;  and  of  an  Act  amen- 
datory thereof,  approved  the  twenty-eighth  day  of  March,  eighteen  hundred 
and  fifty-nine;  and  supplementary  to  said  Acts.approved  May  the  eighteenth, 
eighteen  hundred  and  sixty-one;  and  an  Act  amendatory  of  Article  fourth 
of  an  Act  entitled  an  Act  to  repeal  the  several  charters  of  the  City  of  San 
Francisco,  to  establish  the  boundaries  of  the  City  and  County  of  San  Fran- 
cisco, and  to  consolidate  the  government  thereof,  approved  the  nineteenth 
day  of  April,  eighteen  hundred  aud  fifty-six,  repealing  sections  thirty-six  to 
sixty-four  inclusive,  and  Acts  and  parts  of  Acts  ame*ndatory  and  supplement- 
ary thereof,  and  substituting  this  Act  for  said  Article  fourth,  approved  April 
twenty-fifth,  eighteen  hundred  and  sixty-two;  and  an  Act  to  amend  an  Act 
entitled  an  Act  amendatory  of  Article  fourth  of  an  Act  entitled  an  Act  to  re- 
peal the  several  charters  of  the  City  and  County  of  San  Francisco,  to  estab- 
lish the  boundaries  of  the  City  and  County  of  San  Franci'^co,  and  to  consoli- 
date the  government  thereof,  approved  the  nineteenth  day  of  April,  eighteen 
hundred  and  fifty-six,  repealing  sections  thirty-six  to  sixty-four  inclusive;  and 
Acts  and  parts  of  Acts  amendatory  and  supplementary  thereof,  and  substi- 
tuting this  Act  for  said  Article  four,  approved  April  twenty-fifth,  eighteen 
hundred  and  sixty-two,  approved  March  thirty-first,  eighteen  hundred  and 
sixty-six;  and  an  Act  to  amend  an  Act  entitled  an  Act  amendatory  of  Article 
fourth  of  an  Act  entitled  an  Act  to  repeal  the  several  charters  of  the  City  of 
San  Francisco,  to  establish  the  boundaries  of  the  City  and  County  of  San 
Francisco,  and  to  consolidate  the  government  thereof,  approved  the  nine- 
teenth day  of  April  eighteen  hundred  and  fifty-six,  repealing  sections  thirty- 
six  to  sixty-four  inclusive,  and  Acts  and  parts  of  Acts  amendatory  and  supple- 
mentary thereof,  and  substituting  this  Act  for  said  Article  four,  approved  the 
twenty-fifth  day  of  April,  eighteen  hundred  aud  sixty-two,  approved  March 
twenty-sis,  eighteen  hundred  and  sixty-eight;  aud  an  Act  entitled  an  Act  to 
amend  sections  one,  two,  nine,  ten,  and  seventeen  of  an  Act  entitled  an  Act 
amendatory  of  Article  fourth  of  an  Act  entitled  an  Act  to  repeal  the  several 
charters  of  the  City  of  San  Francisco,  to  establish  the  boundaries  of  the  City 
and  County  of  San  Francisco,  aud  to  consolidate  the  government  thereof,  ap- 
proved the  nineteenth  day  of  April,  eighteen  hundred  aud  fifty-six,  repealing 
sections  thirty-six  to  sixty-four  inclusive,  and  Acts  aud  parts  of  Acts  amenda- 
tory and  supplementary  thereof,  and  substituting  this  Act  for  said  Article 
four,  approved  April  twenty-fifth,  eighteen  hundred  and  sixty-two;  and  to 
amend  sections  one  and  five  of  said  Act  amendatory  of  the  Act  aforesaid,  ap- 
proved April  twenty-fifth,  eighteen  hundred  and  sixty-three;  and  to  amend 
section  two  of  an  Act  amendatory  of  the  Act  first  mentioned  aforesaid,  ap- 
proved March  thirty-first,  eighteen  hundred  and  sixty-six;  and  to  amend  sec- 


170  THE  CONSOLIDATION  ACT. 

tious  one,  three  and  four  of  aii  Act  amendatory  of  the  Act  first  mentioned 
aforesaid,  approved  March  twenty-sixth^ighteen  hundred  and  sixty-eight, 
being  the  original  sections  one,  two,  four,  six,  nine,  ten,  eleven,  twelve,  thir- 
teen, seventeen,  and  twenty-one  of  the  Act  mentioned  first  aforesaid;  and  to 
repeal  an  Act  for  paving  the  streets  in  the  City  and  County  of  San  Francisco, 
approved  March  fourteenth,  eighteen  hundred  and  sixty-eight,  approved  April 
fourth,  eighteen  hundred  and  seventy;  and  also  an  Act  entitled  an  Act  to  pro- 
vide for  paving  the  streets  in  the  City  and  County  of  San  Francisco,  approved 
April  second,  eighteen  hundred  and  sixty- six;  all  and  singular,  and  all  Acts 
and  parts  of  Acts  in  conflict  with  this  Act  are  hereby  repealed;  and  this  Act 
shall  be  deemed  to  be  substituted  in  place  of  said  Article  four,  and  as  amend- 
atory of  the  Act  first  above  lecited  in  this  section,  andheldas  a  part  thereof; 
and  all  advertisements  being  published  at  the  date  of  the  passage  of  this  Act 
shall  be  published  for  the  respective  periods  provided  by  the  law  in  force  at 
the  time  the  publication  may  have  been  commenced. 

Sec.  28.  This  Act  shall  be  liberally  construed  to  carry  out  the  intentions 
and  purposes  of  this  Act,  and  shall  not  be  construed  so  as  to  affect  any  con- 
tracts heretofore  awarded  or  assessments  issued. 

Sec.  29.  This  Act  shall  be  a  public  act  and  take  effect  from  and  after  its 
passage.* 


[  The  following  section  of  the  Act  of  April  25,  1863,  525,  seems  to  he  unre- 
pealed:'] 

Sec.  10.  The  Board  of  Supervisors,  upon  receiving  a  petition  for  that 
purpose  from  the  owners  of  a  majority  of  the  property  on  any  one  or  more 
blocks,  estimating  the  property  by  the  front  foot,  in  that  portion  of  the  City 
and  County  of  San  Francisco  lying  west  of  Larkin  street  and  southwest  of 
Ninth  street,  may  order  the  grading  or  other  improvement  of  such  street  or 
streets,  in  accordance  with  the  prayers  of  the  petitioners,  and  without  refer- 
ence to  the  official  width  or  grade  of  such  street  or  streets,  and  in  the  same 
manner  as  other  street  improvements  provided  for  in  this  A.ci;  provided ,  that 
no  street  shall  be  raised  above  or  cut  below  the  official  grade. 


'The  Supreme  Court  of  the  State,  Dep.  2,  iu  McDonald  v.  Patterson,  54  Cal.  245,  decided  that 
Sec.  19  of  Art.  XI  of  the  Constitution,  as  adopted  iu  1879,  is  not  a  provision  which  requires  legisla- 
tion; and  the  provisions  of  the  Act  of  April  1,  1872,  relating  to  street  improvements  in  San  Fran- 
cisco, which  authorize  the  Superintendent  of  Streets  to  execute  contracts  for  such  improvements,  iu 
advance  of  the  levy  and  collection  of  the  assessment,  are  inconsistent  ■n'ith  the  section  referred  to, 
and  ceased  to  be  operative  on  the  1st  day  of  Jauuarj',  1880.  This  decision  was  affirmed  by  the 
Supreme  Court  iu  bank  in  Donahue  v.  Graham,  61  Cal.  276,  Justices  McKinstry  and  Sharpsteiu 
dissenting. 


THE  CONSOLIDATION  ACT.  171 


SUPPLEMENT     L  X  I  V  , 
] 871-2,  846. 


An  Act  to  provide  for  the  support  of  the  common  schools  of  the  City 
and  County  of  San  Francisco,  and  to  define  the  powers  and 
duties  of  the  Board  of  Education  thereof. 

[Approved  April  1.  1872.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Asstmhly,  do 

enact  as  follows  : 

Section  1.  The  Board  of  Education  of  the  City  and  County  of  San  Fran- 
cisco shall  have  power: 

First.  To  maintain  public  schools  as  now  organized  in  said  City  and 
County,  and  to  establish  additional  ones  as  required,  and  to  consolidate  and 
discontinue  schools,  as  shall  be  deemed  best  for  the  public  interest.'"* 

Second.  To  establish  experimental  and  normal  schools  for  the  education 
and  training  of  teachers. 

TJiird.  To  employ  and  dismiss  teachers,  janitors,  and  School  Census 
Marshals,  and  to  tix,  alter,  allow  and  order  paid  their  salaries  or  compensa- 
tion, and  to  withhold,  for  good  and  sufficient  cause,  the  whole  or  any  part  of 
the  salary  or  wages  of  any  person  or  persons  employed  as  aforesaid. 

Fourtli.  To  make,  establish  and  enforce  all  necessary  and  proper  rules 
and  regulations,  not  contrary  to  law,  for  the  government  and  efficiency  of  the 
public  schools  within  said  City  and  County,  the  teachers  thereof  and  pupils 
therein,  and  for  carrying  into  effect  the  laws  relating  to  education.  Also,  to 
establish  and  regulate  the  grade  of  schools,  and  determine  the  course  of 
studies  and  the  mode  of  instruction  to  be  used  in  said  schools. 

Fifth.  To  issue  a  subpoena,  duly  attested  by  the  President  and  Clerk  of 
said  Board,  directed  to  any  person  whose  attendance  shall  be  required  be- 
fore said  Board,  or  any  committee  thereof,  as  a  witness  on  the  examination 


""  The  Act  of  March  30,  1874:  1373-4,  828;  provides  as  follows: 

•'  Section  1.  The  Board  of  Education  of  the  City  and  County  of  San  Francisco  shall  establish 
and  maintain  common  schools,  in  said  City  and  Count},  in  which  shall  be  taught  the  German  and 
Frencli  languages  in  conjunction  with  studies  in  the  English  language.  The  number  of  such  schools 
shall  be  not  less  than  two  grammar  and  two  primary  schools.  They  ,»liaU  be  designated  as  co.^mo- 
politan  soliools,  and  shall  be  subject  to  such  rules  and  regulations  as  shall  be  prescrilxjd  by  said 
Board  of  Education. " 


172  THE  CONSOLIDATION  ACT. 

of  any  charges  against  any  employee  of  said  Board  for  violation  of  any  of  the 
rules  or  regulations  thereof,  requiring  such  person  to  attend  before  said 
Board,  or  a  committee  thereof,  at  a  lime  and  place  to  be  therein  named,  to 
testify  in  relation  to  such  charges;  and  if  such  person  shall  refuse  or  neglect 
to  obey  such  subpcena,  or  refuse  to  testify  when  so  required,  he  or  she  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished,  on  conviction 
thereof,  by  a  fiae  of  not  less  than  ten  dollars  nor  more  than  one  hiandred 
dollars,  or  by  imprisonment  in  the  County  Jail  for  not  less  than  ten  days  nor 
more  than  thirty  days. 

Sixih.  To  provide  for  the  School  Department  of  said  City  and  County, 
fuel,  lights,  water,  blanks,  blank  books,  printing,  stationery,  and  such  other 
articles,  materials  or  supplies  as  may  be  necessary  or  required  for  use  in  the 
schools,  either  by  the  pupils  or  teachers. 

Seventh.  To  make  rules  of  order  and  by-laws  for  the  government  of  the 
Board,  its  members  and  committees,  and  general  regulations,  to  secure  proper 
economy  and  accountability  in  the  expenditure  of  school  moneys. 

Eighth.  To  use  and  control  such  building  or  buildings  as  shall  be  neces- 
sary for  the  uses  of  the  Board  and  its  committees,  and  for  storing  supplies. 

^inth.  To  dispose  of  such  personal  property  used  in  the  schools  or  in 
other  buildings  under  the  charge  of  the  Board  as  shall  be  no  longer  required 
for  use  therein,  and  all  moneys  realized  by  the  sale  of  any  such  property 
shall  be  paid  into  the  City  treasury  for  the  same  purposes  as  the  money  re- 
ceived under  the  fifth  section  of  this  Act. 

Tenth.  To  build,  alter,  repair,  rent  and  provide  school-houses  and  furnish 
them  with  proper  school  furniture,  apparatus,  and  school  appliances,  and  to 
insure  any  and  all  school  property. 

Eleventh.  To  lease,  for  a  term  not  exceeding  ten  years,  any  unoccupied 
property  of  the  School  Department  not  required  for  school  purposes. 

Twelfth.  To  examine  and  allow,  in  whole  or  in  part,  every  demand  payable 
out  of  the  School  Fund,  or  to  reject  any  such  demand  for  good  cause,  of 
which  the  said  Board  shall  be  the  sole  judge. 

lliirteentli..  To  iirohibit  any  child  under  six  years  of  age  from  attending 
the  public  schools.  * 

Sfic.  2.  It  shall  be  the  duty  of  the  Board  of  Education  of  the  City  and 
County  of  San  Francisco : 

First.  To  furnish  all  necessary  supplies,  or  make  regulations  for  furnish- 
ing supplies,  for  the  several  schools  under  their  care;   but  when   such  sup- 


•  See  also  Section  1617  Pol.  Code. 


THE  CONSOLIDATION  ACT.  173 

plies  are  furnished  by  the  Board  of  Education  they  shall  be  obtained  by  con- 
tract, proposals  for  which  shiill  be  advertised  for  the  period  of  at  teast  two 
weeks. 

Second.  To  make  and  transmit,  between  the  fifteenth  day  of  January  and 
the  first  day  of  February  in  each  year,  to  the  State  Superintendent  of  Public 
Instruction  and  to  the  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco,  a  report  in  writing,  bearing  date  on  the  thirty-first  day  of  Decem- 
ber next  preceding,  stating  the  whole  number  of  schools  within  their  jurisdic- 
tion, the  length  of  time  they  shall  have  been  kept  open,  the  number  of 
pupils  taught  in  each  school,  the  whole  amount  of  money  drawn  from  the 
treasury  for  the  purposes  of  education  during  the  year  ending  at  the  date  of 
the  report,  distinguishing  the  amounts  received  from  the  General  Fand  of 
the  State,  and  from  all  other  and  what  sources,  the  manner  in  which  such 
moneys  shall  have  been  expended,  and  such  other  information  as  the  State 
Superintendent  of  Public  Instruction  may  from  time  to  time  require  in  rela- 
tion to  public  school  education  in  the  City  and  County  of  San  Francisco. 
And  the  report  which  said  Board  of  Education  is  hereby  required  to  make 
shall  be  held  and  taken  to  be  a  full  compliance  with  every  law  requiring 
a  report  from  said  Board  relative  to  the  schools  in  said  City  or  any  matter 
connected  therewith. 

Third.  To  provide  evening  schools  for  those  whose  ages  or  vocations  are 
such  as  to  prevent  attendance  at  the  day  schools  established  by  law,  in  such 
school  houses  or  other  buildings  used  for  school  purposes,  and  in  such  other 
places  in  said  city  as  said  Board  may  from  time  to  time  deem  expedient;  and 
also  a  normal  school  or  schools  for  the  instruction  of  those  who  desire  to  be- 
come teachers,  which  school  shall  be  attended  by  such  of  the  teachers  in  the 
public  schools  as  the  Board  of  Education  by  general  regulations  shall  direct, 
under  penalty  of  forfeiture  of  their  situations  as  teachers  for  failure  to  attend 
said  normal  school  as  required,  which  forfeiture  shall  be  declared  by  the 
Board  of  Education. 

Fourth.  To  require  the  principal  teachers  of  each  school  to  enter  in  books, 
to  be  furnished  by  the  Board,  the  names,  ages,  and  residences  of  the  pupils 
attending  the  school,  the  name  of  the  parent  or  guardian  of  each  pupil,  the 
days  on  which  the  pupils  shall  have  respectively  attended,  and  the  aggregate 
attendance  of  each  during  the  year;  also,  the  days  on  which  each  school  shall 
have  been  visited  by  the  City  Superintendent  of  Schools,  or  his  assistant,  and 
the  members  of  the  Board  of  Education,  or  any  of  them;  which  entries  shall 
be  verified  by  the  oath  or  affirmation  of  the  principal  teacher  in  such  sc-hool; 
also,  to  require  the  principal  teacher  of  each  school,  prior  to  the  tirst  day  of 
January  of^each  year,  to  make  to  said  Board  of  Education  a  report  in  writing, 
bearing  date  the  thirty-first  day  of  December,  which  report  shall  state  the 
whole  number  of  scholars  over  six  and  under  twenty-one  years  of  age,  who 
shall  have  been  taught  free  of  expense  to  such  scholars  in  their  schools  dnr- 


174  THE  CONSOLIDATION  ACT. 

ing  the  year  ending  with  the  date  of  the  report,  which  number  shall  be  ascer- 
tained by  adding  to  the  nnmlier  of  childrfn  on  the  register  at  the  commence- 
ment of  the  year  the  number  admitted  during  the  year,  not  having  previously 
attended  any  public  school  during  that  year;  also,  the  average  number  that 
has  actually  attended  such  school  during  the  year,  to  be  ascertained  by  keep- 
ing an  exact  account  of  the  number  of  pupils  present  at  each  session,  or  half 
day  of  the  school,  which,  being  added  together  and  divided  by  four  hundred 
and  thirty,  or,  if  less  than  a  year,  by  the  number  ot  school  sessions,  shall 
be  considered  the  average  attendance,  which  average  shall  be  sworn  or 
affirmed  to  by  the  principal  teacher  of  the  school;  also,  a  particular  account 
of  the  state  of  the  school,  and  of  the  property  and  affairs  of  the  school,  and 
the  titles  of  all  books  used,  with  such  other  information  as  the  Board  of 
Education  shall  require. 

Fifth.  To  provide,  by  general  rules  and  regulations,  a  proper  classification 
of  studies,  scholars,  and  salaries,  in  such  manner  that  the  system  of  instruc- 
tion pursued  in  the  public  schools,  and  the  salaries  paid  to  teachers,  shall  be 
as  nearly  as  practicable  uniform  throughout  the  city. 

Sec.  3.  It  shall  be  the  duty  of  the  Superintendent  of  Common  Schools 
of  the  City  and  County  of  San  Francisco: 

First.  To  visit  and  examine  every  school  under  the  charge  of  the  Board  of 
Education  as  often  as  once  in  every  six  months,  to  inquire  into  all  matters 
relating  to  the  government,  course  of  instruction,  books,  studies,  discipline, 
and  conduct  of  such  schools,  and  the  condition  of  the  school  houses  and  the 
schools  generally,  and  to  counsel  with  and  advise  the  teachers  in  relation  to 
tlieir  duties,  the  proper  studies,  discipline,  and  conduct  of  the  pupils,  the 
course  of  instruction  to  be  pursued,  and  the  books  of  elementary  instruction 
to  be  used,  and  to  examine,  ascertain  and  report  to  the  Board  of  Education 
whether  the  provisions  or  [of]  the  Act  in  relation  to  religious  sectarian 
teaching  and  books  have  been  violated  in  any  of  the  schools,  and  to  make  a 
monthly  report  to  the  Board  of  Education,  stating  which  of  the  schools  have 
been  visited  by  him,  and  adding  such  comments  in  respect  to  the  matters 
here  specified  as  he  may  deem  advisable. 

Second.  To  make  annually  to  the  State  Superintendent  of  Public  Instruc- 
tion, at  such  times  as  said  officer  may  direct,  a  report  in  writing,  containing 
a  statement  of  the  whole  number  of  schools  within  said  City  and  County, 
and  a  certified  copy  of  the  reports  of  the  Board  of  Education  to  the  Super- 
visors of  the  City  and  County  of  San  Francisco,  with  such  additional  infor- 
mation as  the  State  Superintendent  of  Public  Instruction  may  require.* 

Secs.  4,  5,  and  6.     \_Relate  to  estimating  necessary  annual  expenses  of  schools 


See  also  Sections  1543  to  1553,  inclusive,  Political  Code. 


THE  CONSOLIDATION  ACT.  175 

and  colleciing  tax  therefor.     Superseded  by  sec.  1,  Act  of  April  3,  1876;   Supple- 
ment  XC] 

Sec.  7.  All  moneys  received  or  collected  on  account  of  public  edncation 
in  the  City  and  County  of  San  Francisco  shall  be  deposited  in  the  City 
Treasury,  and  be  known  as  the  School  Fund.  Payments  from  said  Fund 
shall  only  be  made  by  the  Treasurer  of  said  City  and  County  upon  drafts 
drawn  on  him  by  the  Board  of  Education,  signed  by  the  President  and  the 
Superintendent  of  Common  Schools,  and  countersigned  by  the  Auditor  of 
said  City  and  County;  and  all  drafts  shall  be  made  payable  to  the  person  or 
persons  entitled  to  receive  the  same. 

Sec.  8.  If  the  school  moneys  received  and  collected  shall,  during  any  year, 
exceed  the  necessary  and  legal  expenses  of  the  public  schools,  the  Board  of 
Education  shall  authorize  the  payment  only  of  such  sum  or  sums  as  shall  be 
sufficient  to  provide  for  such  expenses,  and  any  deficiency  in  the  sums  so  re- 
ceived and  collected  to  meet  the  uecessarj'  and  legal  expenses  of  public  edu- 
cation in  the  said  schools  shall  be  supplied  by  the  Board  of  Supervisors  of 
said  City  and  County;  and  they  are  hereby  authorized  and  directed  to  raise, 
by  loan  or  otherwise,  in  anticipation  of  the  annual  tax,  such  si;m  or  sums  as 
shall  be  necessary  to  meet  such  deficiency;  and  the  Board  of  Education  shall 
in  all  such  cases  certify  to  the  Board  of  Supervisors  the  cause  of  such  de- 
ficiency, and  that  the  same  was  unavoidable,  and  unless  such  certificate  shall 
be  made,  the  said  Board  of  Supervisors  may  refuse  to  meet  siach  deficiency; 
but  the  Board  of  Education  shall  not  be  authorized  to  call  upon  the  Board  of 
Supervisors  in  any  year  for  any  money  or  moneys  for  the  purpose  of  pur- 
chasing sites,  building,  altering,  repairing,  or  fitting  up  school  houses,  in  ix- 
cess  of  the  estimates  for  these  purposes,  in  pursuance  of  section  seventh  of 
this  Act,  except  in  cases  of  destruction  of  or  injury  to  the  buildings  by  fire 
or  other  unforeseen  calamity. 

Sec.  9.  The  Board  of  Education  of  the  City  and  County  of  San  Francisco 
are  hereby  authorized  to  establish  in  some  central  locality  of  said  city  a 
school,  to  which  shall  be  admitted  only  those  pupils  who  shall  have  been 
found,  upon  satisfactory  examination  and  trial,  too  depraved  to  be  permitted 
to  associate  longer  with  the  pupils  of  other  schools;  but  such  pupil  or  pupils 
may  be  restored  to  any  school  under  charge  of  said  Board,  upon  satisfactory 
evidence  of  thorough  reformation  of  conduct. 

Sec.  10.  The  Clerk  of  the  Board  of  Education  shall  have  charge  of  the 
rooms,  books,  papers  and  documents  of  the  Board,  and  shall,  in  addition  to 
his  duties  as  Secretary  of  the  Board,  perform  such  other  clerical  duties  as 
may  be  required  by  its  members  or  committees. 

Sec.  11,  In  all  cases  where  the  erection  of  a  building,  fitting  up  thereof, 
and  the  fitting  up  of  any  hired  building,  or  repairing  any  building  belonging 
to  the  department,  shall  exceed  the  sum  of  two  hundred  dollars,  the   same 


176  THE  CONSOLIDATION  ACT. 

shall  be  done  by  contract  awarded  to  the  lowest  responsible  bidder,  proposals 
for  which  contract  shall  be  advertised  for  two  weeks  previous  to  deciding 
upon  the  estimates  thereon;  but  the  Board  of  Education  may  reject  any  or 
all  proposals,  should  they  deem  such  action  for  the  public  good. 

Skc.  12.  Whenever,  owing  to  any  nuisance  in  the  immediate  vicinity  of 
any  school,  or  other  unfavorable  circumstances,  or  to  the  small  attendance 
of  pupils,  or  other  sufficient  reason,  it  shall  appear  to  the  Board  of  Educa- 
tion necessary  and  proper  to  discontinue  such  school,  they  may,  after  thirty 
days'  notice  given  to  the  Board  of  Supervisors  of  their  intention  to  abandon 
the  building  and  site,  for  school  purposes,  withdraw  entirely  from  the  control 
of  said  property,  which  shall  then  be  used  or  disposed  of  as  a  part  of  the 
general  property  of  the  City  and  County.  lu  the  event  of  the  same  being 
sold,  the  proceeds  shall  go  into  the  School  Fund  of  the  City  and  County  of 
San  Francisco;  but  nothing  herein  shall  be  so  construed  as  to  authorize  the 
sale  of  any  such  building  or  lot. 

Sec.  13.  Every  person  in  the  employ  of  the  Board  of  Education,  and 
every  officer  or  teacher  of  a  school  who  shall  willfully  sign  a  false  report  to 
the  Board  of  Education  shall,  for  each  offense,  forfeit  the  sum  of  twenty-five 
dollars,  and  shall  be  deemed  guilty  of  a  misdemeanor;  and  every  such  person 
or  officer  who  shall  willfully  misapply  any  of  the  public  funds  committed  to 
his  care  shall  be  deemed  guilty  of  embezzlement. 

Sec.  14.  No  school  shall  receive  any  portion  of  the  school  moneys  in 
which  the  religious  doctrines  or  tenets  of  any  particular  Christian  or  other 
religious  sect  shall  be  taught,  inculcated  or  practiced,  or  in  which  any  book 
or  books  containing  comisositions  favorable  or  prejudicial  to  the  particular 
doctrines  or  tenets  of  any  particular  Christian  or  other  religious  sect  is 
used. 

Sec.  15.  The  following  shall  be  substantially  the  form  of  oath  or  affirma- 
tion to  be  made  by  the  teacher : 

"A.  B.,  of  the  City  and  County  of  San  Francisco,  teacher  of school, 

being  duly  sworn  (or  affirmed),  declares  and  says,  that  to  the  best  of  his  (or 
her)  knowledge  and  belief  the  average  number  of  children,  actually  residents 
of  the  City  and  County  of  San  Francisco,  between  the  ages  of  six  and  twenty- 
one  years,  who  attended  said  school  from  the day  of to  the  first 

day  of  January,  ,  was ;  said  average  having  been  obtained  by 

adding  together  the  number  of  pupils  present  each  half  day,  and  dividing  the 
sum  by  four  hundred  and  thirty  (or  by  the  total  number  of  half  school  days 
during  the  year)." 

Sec.  16.  The  Clerk  of  the  Board  of  Education  is  hereby  authorized  to 
administer  oaths  and  take  affidavits  in  all  matters  appertaining  to  the  schools 
in  the  City  and  County  of  San  Francisco. 

Sec.   17.     No  person  receiving  a  salary  from  the  Board  of  Education  shall 


THE  CONSOLIDATION  ACT.  177 

be  interested  in  any  contract,  payments  under  which  are  to  be  made  in  whole 
or  in  part  of  the  moneys  derived  from  the  School  Fund,  or  raised  by  taxation 
for  the  siipport  of  public  schools. 

Sec.  18.  The  public  schools  in  the  City  and  County  of  San  Francisco 
shall  be  classified  as  High,  Grammar,  Primary,  Evening  and  Normal  Schools. 

Sec.  19.  The  members  of  the  Board  of  Education  of  the  City  and  County 
of  San  Francisco  shall  be  elected  by  vote  of  the  electors  of  the  entire  City 
and  County,  and  from  the  City  and  County  at  large,  without  reference  to 
their  residence. 

Sec,  20.  The  Mayor,  Auditor  and  Treasurer  of  the  City  and  County  of 
San  Francisco  are  hereby  authorized  and  required  to  issue  school  bonds 
from  time  to  time  in  such  sums  as  may  be  required  for  school  purposes,  not 
to  exceed  in  the  aggregate  the  sum  of  one  hundred  thousand  dollars.  Such 
bonds  shall  be  signed  by  the  Mayor,  Auditor  and  Treasurer  of  said  City  and 
County,  and  shall  be  payable  in  ten  years  from  the  firi-t  day  of  June,  one 
thousand  eight  hundred  and  seventy-two.  Such  bonds  shall  draw  interest 
at  the  rate  of  seven  per  centum  per  annum  from  the  date  of  their  issuance, 
which  interest  shall  be  payable  semi-annually,  on  the  first  days  of  June  and 
December,  in  the  City  and  County  of  San  Francisco.  The  coupons  attached 
to  said  bonds  shall  be  signed  by  the  said  Treasurer.* 

Sec.  21.  The  principal  and  interest  of  the  said  bonds  shall  be  payable  in 
gold  coin  of  the  United  States  of  America,  and  the  faith  and  credit  of  the  City 
and  Coiinty  of  San  Francisco  are  hereby  pledged  for  the  redemption  of  said 
bonds  and  the  payment  of  the  principal  and  interest  in  said  gold  coin  of  the 
United  States  of  America  as  set  forth  in  this  Act. 

Sec.  22.  As  soon  as  said  bonds  are  issued  the  Treasurer  of  said  City  and 
County  is  hereby  authorized  and  empowered  to  sell  the  same  to  the  highest 
bidder  therefor  for  cash  in  gold  coin  of  the  United  States  (after  having  first 
advertised  the  same  for  four  weeks  in  two  daily  newspapers  published  in  siid 
City  and  County),  and  the  proceeds  thereof  shall  be  immediately  placed  in 
the  Treasury  of  said  City  and  County,  and  constituted  a  part  of  the  School 
Fund.  From  the  proceeds  thus  obtained  and  paid  into  the  Treasury  the 
Board  of  Education  of  the  City  and  County  of  San  Francisco,  are  hereby 
authorized  to  liquidate  any  unpaid  bills  or  claims  in  the  current  expenses  of 
the  public  Schools  of  said  City  and  County  for  the  year  ending  the  thirtieth 
day  of  June,  one  thousand  eight  hundred  and  seventy- one;  provided,  said  bills 
or  claims  do  not  exceed  in  the  aggregate  the  sum  of  twenty  thousand  dollars; 
and  the  balance  of  such  proceeds,  or  so  much  thereof  as  may  be  necessary, 
shall  be  used  for  the  sole  purpose  of  meeting  any  deficiency  that  may  arise  in 


See  Section  18  of  Aa-ticle  XI  of  State  Constitutio 
12 


178  THE  CONSOLIDATION  ACT. 

the  current  expenses  of  the  schools  for  the  year  ending  the  thirtieth  day  of 
June,  eighteen  hundred  and  seventy-two.  But  no  portion  of  the  proceeds 
of  this  fund  shall  be  used  in  the  purchase  of  sites  for  the  erection  or  repairs 
of  school  buildings,  nor  in  the  fitting  up  of  the  same;  and  any  balance  then 
remaining  on  hand  shall  be  carried  forward  and  form  a  part  of  the  available 
funds  for  school  purposes  for  the  following  year;  provided,  the  Mayor,  Aud- 
itor and  the  Treasurer  may  reject  any  and  all  bids  for  said  bonds  as  the  public 
good  may  require. 

Sec.  23.  To  secure  the  payment  of  the  principal  and  interest  of  said  bonds 
it  shall  be  the  duty  of  the  Board  of  Supervisors  of  the  City  and  County  of 
San  Francisco  to  raise  yearly  by  taxation,  in  the  same  manner  as  other  City 
and  County  taxes  are  levied  and  collected,  a  sum  sufficient  to  pay  the  semi- 
annual interest  on  said  b&nds,  and  also  to  provide  a  Sinking  Fund  for  the 
redemption  of  the  same  at  maturity,  as  directed  in  section  twenty-four  of 
this  Act. 

Sec.  24.  Whenever  and  as  often  as  there  shall  be  funds  in  the  Treasury 
of  said  City  and  County,  to  the  credit  of  the  Sinking  Fund  provided  in  sec- 
tion twenty-three  of  this  Act,  amounting  to  ten  thousand  dollars,  it  shall  be 
the  duty  of  the  Treasurer  of  said  City  and  County  to  advertise  from  time  to 
time  for  thirty  days,  in  two  daily  newspapers  published  in  said  City  and 
County  of  San  Francisco,  for  proposals  to  surrender  said  bonds  upon  the 
best  terms,  not  exceeding  their  par  value,  and  report  the  same  to  the  Com- 
missioners of  the  Sinking  Fund,  who  shall  immediately  thereafter  order  paid 
the  amount  necessary  to  redeem  the  bonds  so  offered,  and  shall  issue  de- 
mands therefor  in  the  usual  form.  The  Auditor  of  said  City  and  County 
is  authorized  and  required  to  audit,  and  the  Treasurer  to  pay  the  same  out 
of  the  Sinking  Fund  in  his  hands,  set  apart  therefor;  and  if  such  proposal 
to  surrender  bonds  do  not  equal  the  amount  of  such  Sinking  Fund,  then  the 
Commissioners  of  the  Sinking  Fund  shall  have  power  to  loan  any  balance 
remaining  thereof,  upon  the  security  of  any  bonds  of  the  City  or  of  the  City 
and  County  of  San  Francisco,  or  of  the  State  of  California,  or  of  securities 
of  the  United  States,  at  the  best  rates  of  interest  obtainable  therefor,  such 
interest,  when  paid,  to  be  entered  by  the  Treasurer  to  the  credit  of  the  Sink- 
ing Fund  for  the  redemption  of  said  bonds. 

Sec.  25.  The  money  required  hereafter  to  meet  the  interest  and  create 
the  Sinking  Fund  for  th<=  bonds  issued  under  the  Act  of  the  seventeenth  of 
March,  eighteen  hundred  and  sixty-six,  also  for  the  bonds  issued  under  the 
Act  of  the  nineteenth  of  February,  eighteen  hundred  and  seventy,  shall  be 
raised  in  the  like  manner  as  is  provided  for  in  section  twenty-three  of  this 
Act,  and  the  Sinking  Fund  applied  in  the  like  manner  provided  for  in  section 
twenty-four  of  this  Act. 

Sec.  26.  All  Acts  and  parts  of  Acts  passed  prior  to  the  first  day  of  March, 
eighteen  hundred  and  seventy-two,  so  far  as  inconsistent  with  the  provisions 
of  this  Act,  are  hereby  repealed. 

Sec.  27.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 


THE  CONSOLIDATION  ACT.  179 

SUPPLEMENT  LXV. 

1871-2,  878. 


An  Act  to  provide  funds  to  be  applied  to  bidlding  a  House  of 
Correction  m  the  City  and  County  of  San  Francisco,  and  to 
authorize  the  Construction  of  such  House  of  Correction. 

1  Approved  April  1,  1872.] 

The  People,  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  1.  The  Mayor,  Auditor  and  Treasurer  of  the  City  and  County  of 
Sau  Francisco,  by  and  with  the  consent  of  the  Board  of  Supervisors  of  said 
City  and  County  first  obtained  by  ordinance,  are  hereby  authorized  and  em- 
powered to  issue  from  time  to  time,  as  may  be  directed  by  the  said  Board  of 
Supervisors  and  as  may  be  necessary  for  the  purposes  herein  named,  bonds 
not  exceeding  in  the  aggregate  the  sum  of  one  hundred  and  fifty  thousand 
dollars. 

Sec.  2.  Said  Bonds  shall  be  issued  in  such  manner  and  at  such  times  not 
inconsistent  with  the  foregoing  section,  and  made  payable  in  the  City  and 
County  of  San  Francisco,  at  the  office  of  the  Treasurer  of  said  City  and 
County,  both  principal  and  interest,  at  such  times,  not  exceeding  twenty  years 
from  the  time  of  their  issuance,  as  the  Board  of  Supervisors  may  prescribe 
by  ordinance.  The  interest  on  said  bonds  shall  not  exceed  seven  per  cent, 
per  annum,  and  shall  be  paid  semi-annually;  and  both  principal  and  interest 
shall  be  payable  in  United  States  gold  coin. 

Sec.  3.  The  said  bonds  shall  be  signed  by  the  Mayor,  Auditor  and  Treas- 
m-er  of  the  City  and  County  of  San  Francisco,  and  shall  be  known  as  the 
"House  of  Correction  Fund  Bonds  of  the  City  and  Coumy  of  San  Fran- 
cisco." 

Sec.  4.  Said  Bonds  shall  have  coupons  attached  to  them  for  the  semi- 
annual interest  which  may  accrue  upon  them,  signed  by  the  Auditor  of  said 
City  and  County;  and  the. faith  and  credit  of  the  said  City  and  County  of 
San  Francisco  are  hereby  pledged  for  the  redemption  of  the  same  and  for  the 
payment  of  the  principal  and  interest  thereof. 

Sec.  5.  Whenever  said  bonds  or  any  portion  of  them  are  issued,  the 
Treasurer  and  Auditor  of  said  City  and  County  are  hereby  authorized  and 
empowered  to  sell  the  same  to  the  highest  bidder  thereof,  after  having  first 


180  THE  CONSOLIDATION  ACT. 

advertised  the  same  for  three  consecutive  weeks  in  three  daily  papers  pub- 
lished in  said  City  and  County.  All  money  derived  from  the  issue  and  sale 
of  said  bonds  shall  be  appropriated  and  used  tor  the  sole  purpose  of  build- 
ing and  furnishing  a  House  of  Correction  upon  any  property  of  the  City  and 
County  of  San  Francisco,  to  be  selected  by  the  Board  of  Supervisors  and 
approved  by  the  Mayor,  south  of  Twenty-sixth  street  or  west  of  new  Ceme- 
tery Avenue,  in  the  City  and  County  of  San  Francisco;  the  style  and  material 
thereof,  the  construction,  and  all  contracts  and  plans  relating  thereto  to  be 
determined  by  said  Board  of  Supervisors,  and  in  all  cases  to  be  approved 
before  the  adoption  or  ratification  of  the  same  by  the  Mayor,  Auditor  and 
Treasurer  of  said  City  and  County.  But  no  bonds  authorized  to  be  issued 
by  this  Act  shall  be  sold  for  a  less  sum  than  ninety  cents  in  gold  coin  on  the 
dollar,  par  value.  Said  House  of  Correction  shall  be  used  for  the  safe  keep- 
ing of  such  persons  as  shall  be  sentenced  to  be  punished  for  crime  by  the 
Criminal  Courts  of  the  City  and  County  of  San  Francisco,  and  are  now  and 
who  would  be  confined  in  the  County  Jail. 

Sec.  6.  To  secure  thepaymentof  the  principal  and  interest  of  said  bonds, 
the  Board  of  Supervisors  of  the  said  City  and  County  of  San  Francisco 
shall,  when  deemed  necessary  by  them  for  the  purpose  in  this  section  pro- 
vided, levy  an  annual  tax  upon  all  the  taxable  property  in  the  said  City  and 
County  of  San  Francisco;  and  a  sufficient  sum  or  sums  shall  be  raised  by 
such  annual  levies  to  pay  the  principal  of  said  bonds  when  the  same  shall 
become  due.  And  it  shall  be  the  duty  of  the  Treasurer  of  said  City  and 
County  to  set  apart  annually  out  of  the  moneys  coming  into  the  Treasury  to 
the  credit  of  the  House  of  Correction  Fund,  raised  by  said  annual  tax,  a  sum 
sufficient  to  pay  the  semi-annual  interest  on  said  bonds,  and  also  to  provide 
a  Sinking  Fund  sufficient  for  the  redemption  of  the  same  at  maturity. 

Sec.  7.     This  Act    shall  take  effect  and    be  in  force  from  and  after  its 


SUPPLEMENT     LXVI. 
1871-2,  901. 


An  Ad  to  provide  for  the  rejMir  and  improvement  of  roads  and 
highways  in  the  City  and  County  of  San  Francisco. 

LApproved  April  1,  1872.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.     The  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 


THE  CONSOLIDATION  ACT.  181 

Cisco  is  hereby  authorized  and  empowered  to  repair  and  improve  the  public 
roads  within  the  said  City  and  County,  outside  the  charter  line  of  eif^hteen 
hundred  and  fifty-one. 

Sec.  2.  It  shall  be  the  duty  of  the  Superintendent  of  Public  Streets  and 
Highways  to  carefully  examine  all  the  public  roads  in  said  City  and  County, 
and  report  the  condition  of  the  same,  from  time  to  time,  to  the  Board  of  Su- 
pervisors; provided,  that  from  the  month  of  November  to  May  of  each  year, 
such  report  shall  be  made  on  the  first  Monday  of  each  month;  and  said  report 
shall  specify  the  kind  of  repairs  and  the  portion  or  portions  of  the  road  or 
roads  in  which  they  are  required,  together  with  an  estimate  of  the  cost. 

Sec.  3.  Upon  presentation  to  the  Board  of  Supervisors  of  the  report  and 
estimate  of  the  said  Superintendent  of  Public  Streets  and  Highways,  as 
herein  provided,  the  said  Board  of  Supervisors  shall  direct  the  Clerk  of  said 
Board  to  advertise,  inviting  sealed  proposals  for  doing  the  work  required, 
and  shall  award  the  contract  for  doing  said  work  to  the  lowest  responsible 
bidder,  the  proceedings  in  relation  hereto  to  be  the  same  as  is  provided  by 
law  for  the  letting  of  contracts  for  the  improvement  of  streets  and  highways 
in  said  Citj'  and  County;  provided,  that  the  amount  of  all  appropriations 
authorized  by  this  Act  shall  not  exceed  ten  thousand  dollars  for  any  one 
fiscal  year. 

Sec.  4.  For  the  purpose  of  this  Act,  public  roads  and  highways  shall  in- 
clude all  roads  that  have  been  open  to  the  public,  and  used  as  public  high- 
ways long  enough  to  evince  their  utility  and  necessity,  but  shall  not  include 
any  road  or  highway  when,  in  the  judgment  of  the  Board  of  Supervisors,  the 
same  should  be  kept  in  order  by  the  owners  of  the  property  fronting  on  said 
road  or  highway. 

Sec.  5.  Whenever  any  improvement  or  repairs  require  to  be  made  to  any 
public  road  or  highway,  for  which,  in  the  judgment  of  the  Board  of  Supervis- 
ors, the  owners  of  the  property  fronting  thereon  should  be  assessed  to  defray 
the  co'st  of  the  same,  then  and  in  that  case  the  Board  of  Supervisors  shall  ac- 
quire jurisdiction,  and  shall  have  power  to  proceed  in  the  same  manner  as  is 
now  provided  by  law  for  the  improvement  of  streets  within  said  City  and 
County;  and  all  provisions  of  law  in  relation  to  the  improvement  of  streets 
within  said  City  and  County,  and  for  the  making  and  collection  of  the  assess- 
ment for  the  cost  of  the  work  performed,  shall  apply  to  the  collection  of  the 
sums  of  money  so  assessed  as  aforesaid. 

Sec.  6.  The  Superintendent  of  Public  Streets  and  Highways  is  hereby 
authorized  and  it  is  made  his  duty  to  siiperintend  all  repairs  made  on  public 
roads  and  highways,  and,  when  authorized  by  the  Board  of  Supervisors,  to 
purchase  all  necessary  timber,  plank  or  other  material  for  the  construction 
and  repair  of  bridges,  and  to  hire  at  just  and  reasonable  rates  all  necessary 
labor,  tools  or  implements  for  grading  or  otherwise  improving  such  roads  and 
highways.* 


>  See  also  Section  2  of  Act  of  Deceinber  21,  1877;  1877-8,  i. 


182  THE  CONSOLIDATION  ACT. 

Sec.  7.  An  Act  entitled  "An  Act  to  create  certain  road  districts  in  the 
City  and  County  of  San  Francisco  and  to  provide  for  the  repair  and  improve- 
ment of  roads  therein,"  approved  May  twentieth,  eighteen  hundred  and  sixty- 
ono,  and  all  Acts  or  parts  of  Acts  conflicting  with  any  of  the  provisions  of 
this  Act,  or  authorizing  any  expenditure  upon  public  roads  or  highways 
within  the  City  and  County  of  San  Francisco,  other  than  is  pr&vided  in  this 
Act,  are  hereby  repealed. 

Sec.  8.     This  Act  shall  take  eftect  from  and  after  its  passage. 


SUPPLEMENT     LXVII. 
1873-4,  271. 

An  Act  in  relation  to  the  Industrial    School  Department  of  the  City 
and  County  of  San  Francisco. 

[Approved  JIarch  4,il874.1 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  All  Acts  and  parts  of  Acts,  relating  to  the  Industrial  School 
Department  of  the  City  and  County  of  San  Francisco,  which  were  in  force 
on  the  thirty-first  day  of  December,  eighteen  hundred  and  seventy-two,  are 
hereby  declared  to  be  and  the  same  are  in  full  force. 

Sec.  2,  Any  person  duly  convicted  of  a  crime  and  duly  committed  to  the 
Industrial  School  of  said  City  and  County,  shall  there  remain  until  he  arrives 
at  the  age  of  twenty-one  years,  unless  sooner  discharged  according  to  law, 
or  nnless  a  shorter  term  shall  be  prescribed  in  the  ordsr  of  commitment. 

Sec.  3.  If  any  person  who  has  been  duly  convicted  of  a  crime,  and  is 
called  for  sentence,  shall  state  to  the  Court  or  Judge  that  he  is  under  the  age 
of  eighteen  years,  and  shall  thereupon  be  committed  to  said  Industrial 
School,  such  statement  shall  be  recited  in  the  order  of  commitment,  and 
shall,  as  against  such  person,  be  conclusive  as  to  his  age  in  all  questions  re- 
lating to  his  connection  with  said  school. 

Sec.  4.  If  any  person  committed  to  said  Industrial  School,  upon  convic- 
tion of  a  crime,  shall  escape  therefrom,  and  be  thereafter  arrested,  he  shall 
be  brought  before  the  Court  or  Judge  by  whom  he  was  so  committed,  and 
the  said  Court  or  Judge  may  recommit  him  to  said  school,  or  may  punish 


THE  CONSOLIDATION    ICT.  163 

hiin  by  fine  or  imprisonment,  or  both,  as  might  have  been  origiaall}-  done 
upon  such  conviction;  but  this  section  shall  not  apply  in  case  of  conviction 
of  a  crime  committed  prior  to  the  passage  of  this  Act. 

Skc.  5.  It  shall  be  the  duty  of  every  Sheriff  and  police  officer  to  arrest 
any  person  who  has  been  committed  to  said  Industrial  School  upon  convic- 
tion of  a  crime,  and  has  escaped  therefrom,  and  to  bring  him  before  the 
Court  or  Judge  by  whom  he  was  so  committed,  that  he  may  be  dealt  with  as 
provided  in  the  next  preceding  section. 

Sec.  6.     This  Act  shall  take  effect  from  and  after  its  passage. 


SUPPLEMENT     LXVIII. 
1873-4,    333. 


An  Act  concerning  certain  Public  Beservations  of  the  City  and 
County  of  San  Francisco. 

[Approved  March  11,  1874.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  So  much  of  the  land  situated  around  the  sheet  of  water  known 
as  "Mountain  Lake,"  marked  "Park  "  on  the  official  map  of  the  outside 
lands  of  the  City  and  County  of  San  Francisco,  as  lies  within  the  official 
survey  of  the  lands  confirmed  by  Acts  of  Congress  and  the  decisions  of  the 
Federal  Courts  confirming  said  lauds  to  said  City  and  County,  shall  be  here- 
after known  as  "Mountain  Lake  Park."  Also,  that  strip  of  land  bounded 
west  by  the  Pacific  Ocean,  referred  to  in  the  first  section  of  an  Act  of  the 
Legislature  of  this  State,  approved  March  twenty-seventh,  eighteen  hundred 
and  sixty-eight,  entitled  "An  Act  to  confirm  a  certain  order  passed  by  the 
Board  of  Supervisors  of  the  City  and  County  of  San  Francisco,"  which  ia 
particularly  described  in  the  ninth  section  of  the  order  confirmed  by  said  last 
mentioned  Act,  and  which,  on  said  official  map,  is  designated  as  "Great 
Highway,"  shall  be  hereafter  known  aud  designated  by  such  name.  All  the 
provisions  of  an  Act  entitled  "  An  Act  to  provide  for  the  improvement  of 
public  parks  in  the  City  of  San  Francisco,"  approved  April  fourth,  eighteen 
Jiundred  and  seventy,  and  also  all  the  provisions  of  an  Act  amendatory  of 


184  THE  CONSOLIDATION  ACT. 

and  supplemental  to  the  same,  approved  March  thirtieth,  eighteen  hundred 
and  seventy-two,  so  far  as  the  same  may  be  applicable,  shall  apply  to  all  and 
singular  the  lands  in  this  section  described,  and  also  to  the  lands  referred  to 
in  section  two  of  this  Act. 

Sec.  2.  The  Park  Commissioners,  appointed  or  elected,  or  to  be  ap- 
pointed or  elected,  under  and  by  virtue  of  said  Acts  of  April  fourth,  eighteen 
hundred  and  seventy,  and  March  thirtieth,  eighteen  hundred  and  seventy- 
two,  are  hereby  authorized  to  purchase,  or  if  unable  to  purchase  at  what 
they  may  deem  a  reasonable  price,  to  condemn  and  appropriate  to  the  public 
use,  lands  suitable  for  a  reservoir  for  irrigation,  connected  with  the  improve- 
ments upon  said  park. 

Sec.  3.  For  the  purpose  of  condemning  and  appropriating  land  for  a  res- 
ervoir, the  said  Park  Commissioners  shall  have  and  enjoy  all  powers  and 
privileges  that  are  by  law  accorded  to  water  companies  in  general,  or  to  any 
particular  water  company  or  companies,  and  shall  exercise  that  power  in  the 
manner  and  form  now  provided,  or  hereafter  to  be  provided  in  cases  of  con- 
demnation and  appropriation  of  land  by  such  water  companies.  In  like  man- 
ner the  said  Commissioners  may  proceed  to  obtain  all  necessary  rights  of 
way  for  flumes,  pipes,  and  other  contrivances  for  conveying  water  to  and 
from  said  reservoir.  And  all  rights  and  privileges  which  are  now  or  hereaf- 
ter may  be  granted  by  the  State,  or  by  said  City  and  County,  to  any  water 
company,  to  use  the  public  streets  or  highways  for  laying  pipes,  erecting 
gates,  hydrants  and  other  appliances  needful  for  the  conveyance  and  control 
of  water,  are  hereby  granted  to  the  said  Park  Commissioners,  but  subject  to 
the  same  conditions,  regulations  and  restrictions. 

Sec.  4.     ^Obsolete.'] 

Sec.  5.  The  principal  and  interest  of  the  said  bonds  shall  be  payable  in 
gold  coin  of  the  United  States  of  America.  The  faith  and  credit  of  the 
City  and  County  of  San  Francisco  are  hereby  pledged  for  the  redemption 
of  said  bonds  and  the  payment  of  said  principal  and  interest  in  said  gold 
coin. 

Sec.  6.  All  and  singular  the  parks,  avenue,  highway,  and  reservoir,  de- 
scribed or  referred  to  in  said  Acts  of  April  fourth,  eighteen  hundred  and 
seventy,  and  March  thirtieth,  eighteen  hundred  and  seventy-two,  and  in  this 
Act,  are  hereby  pledged,  and  shall  be  deemed  mortgaged  as  security  for  the 
redemption  of  said  bonds,  and  of  all  bonds  hitherto  created  and  issued  by 
said  Commissioners. 

Sec,  7.  As  soon  as  said  bonds  are  prepared,  the  Treasurer  of  said  City 
and  County  may,  and  if  requested  by  said  Park  Commissioners,  shall  sell, 
from  time  to  time,  so  many  thereof  as  the  said  Commissioners  direct,  to  the 
highest  bidder  therefor,  for  cash,  in  gold  coin  of  the  United  States  of  Amer- 


THE  C0:NS0LIDATI0N  act.  185 

ica,  after  having  first  advertised  the  same  for  four  weeks,  in  two  daily  papers 
in  said  City  and  County,  and  two  weeks  in  two  daily  newspapers  of  general 
circulation  in  the  City  of  New  York;  but  said  bonds  shall  not  be  sold  or  dis- 
posed at  less  than  ninety  per  cent,  of  their  par  value,  and  the  proceeds 
thereof  shall  be  immediately  placed  in  the  treasury  of  said  City  and  County, 
and  credited  to  the  Park  Improvement  Fund;  provided,  the  Mayor,  Auditor, 
and  Treasurer  may  reject  any  and  all  bids  for  said  bonds. 

Sec.  8.  The  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco are  hereby  authorized  and  required  to  levy  upon  all  taxable  property 
within  said  City  and  County,  a  special  tax,  for  the  purpose  of  meeting  said 
interest,  and  of  providing  for  the  gradual  or  ultimate  redemption  of  said 
bonds.  Said  tax  shall  be  levied  annually,  and  shall  be  assessed  and  collected 
in  the  same  manner  and  at  the  same  time  as  other  city  taxes.  All  monej'S 
received  from  this  tax  shall  be  placed  to  the  credit  of  the  Park  Interest  and 
Sinking  Fund. 

Sec.  9.  Whenever  after  A.  D.  eighteen  hundred  and  eighty-four,  there 
shall  be  in  the  Park  Interest  and  Sinking  Fund  a  balance  of  at  least  ten 
thousand  dollars  over  and  above  what  may  be  necessary  for  the  payment  of 
said  interest,  said  Treasurer  shall  endeavor  to  redeem  outstanding  bonds,  by 
advertising  for  proposals.  Said  Treasurer,  Mayor,  and  Auditor  shall  meet 
and  consider  all  proposals,  and  they,  or  a  majority  of  them,  shall  accept  or 
reject;  but  no  proposal  shall  be  accepted  for  a  higher  rate  than  par.  When- 
ever any  proposal  shall  be  accepted,  the  usual  notice  and  demand  shall  be 
given  and  made;  the  amount  due  on  the  proposal  so  accepted  shall  be  audited 
and  paid,  and  the  redeemed  bonds  with  their  coupons  canceled.  Should  no 
proposal  be  accepted  or  made,  the  amount  of  said  balance  shall,  according  as 
said  Mayor,  Auditor,  and  Treasurer,  or  a  majority  of  them,  shall  deem  best, 
be  paid  over  to  the  Park  Improvement  Fund,  or  invested  in  securities  of  the 
said  City  and  County,  of  this  State,  or  of  the  United  States. 

Sec.  10.  The  Park  Commissioners  are  hereby  prohibited  from  contract- 
ing any  debt  or  debts,  liability  or  liabilities,  which,  together  with  existing 
liabilities,  shall  exceed  the  amount  of  money  that  may  be  realized  from  the 
sale  of  the  bonds  provided  for  in  this  Act.  Any  violation  of  this  provision 
shall  be  a  misdemeanor,  and  shall  be  punished  as  provided  by  law;  and 
all  contracts  made  or  debts  contracted  in  violation  of  this  section  shall  be 
void. 

Sec.  11.     This  Act  shall  take  effect  immediately. 


186  THE  CONSOLIDATION  ACT. 


SUPPLEMENT     LXIX 

1873-4,  910. 


An  Act  concerning  the  State  Harbor  Commissioners,  and  for  other 

purposes, 

[Approved  March  30,  1874.] 

The  People  of  tJie  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  folloics  : 

Section  1 .  The  Harbor  of  San  Francisco  is  hereby  placed  under  the  con- 
trol of  the  Board  of  State  Harbor  Commissioners,  and  they  are  authorized  to 
regulate  the  position  of  ships,  their  moorings  and  anchorage,  and  generally 
to  make  rules  and  regulations  concerning  them,  with  power  to  enforce  the 
same  as  fully  as  that  formerly  used  and  exercised  by  the  Harbormaster  of  the 
City  and  County  of  San  Francisco. 

Sec.  2.  The  Commissioners  shall  keep  the  routes  of  the  ferry  boats,  pas- 
sing in  and  out  of  said  harbor,  free  and  open  at  all  times,  so  that  ferry  boats 
can  conveniently  make  their  trips  without  impediment  on  the  part  of  vessels 
at  anchor,  or  other  obstacles. 

Sec.  3.     lObsolete.} 

Sec.  4.  At  the  end  of  the  term  of  office  of  the  present  Harbormaster  of 
San  Francisco,  either  by  lapse  of  time,  resignation  or  otherwise,  the  State 
Harbor  Commissioners  shall  require  said  duties  to  be  performed  by  the  Chief 
Wharfinger,  or  other  executive  officer  of  said  Board,  as  they  may  deem  most 
advantageous  to  the  public  interests,  but  no  special  office  shall  be  created  for 
that  purpose  alone. 

Sec.  5.  This  Act  shall  take  effect  and  be  in  effect  and  in  force  from  and 
after  its  passage. 


THE  CONSOLIDATION  ACT.  IH'J 


S  UPPLEMENT      LXX 
1873-4,  942. 


An  Act  providing  for  a  paid  fire  department  in  the  City  and  County 
of  San  Francisco. 

[Approved  March  30,  1S74.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Sectiox  1.  The  fire  department  of  the  City  and  County  of  San  Francisco 
shall  consist  of  such  engine,  hook  and  ladder  and  hose  companies,  as  shall 
be  recommended  by  the  Board  of  Fire  Commissioners,  and  be  determined  by 
the  Board  of  Supervisors  of  said  City  and  County,  with  the  approval  of  the 
Mayor,  to  be  necessary  to  afiford  protection  against  fire;  provided,  that  as 
auxiliary  thereto,  patent  fire  extinguishers  may  also  be  purchased  and  em- 
ployed, if,  in  the  judgment  of  said  Board,  deemed  advisable;  provided,  that 
no  hand  engines  shall  hereafter  be  purchased  for  the  use  of  said  department; 
but  those  now  in  possession  of  said  City  and  County  may  be  used  in  such 
localities  and  under  such  regulations  as  the  Board  of  Fire  Commissioners, 
•with  the  approval  of  the  Board  of  Supervisors,  may  prescribe. 

Secs.  2  and  3.     ^Amended  hy  Act  of  March  28,  1878;   1878,  685. J 

Sec.  4.  The  companies  comoosing  said  fire  department  shall  be  furnished 
with  all  the  horses,  hose,  hooks,  ladders,  apparatus  and  appurtenances,  ne- 
cessary and  proper,  in  the  opinion  of  the  Board  of  Fire  Commissioners  and 
Board  of  Supervisors,  to  place  said  department  in  the  most  eflfective  condition 
for  service;  and  should  it  hereafter,  in  the  judgment  of  said  Board  of  Super- 
visors and  Board  of  Fire  Commissioners,  be  deemed  advisable  and  necessary 
to  organize  and  establish  any  company  or  companies  to  operate  and  manage 
any  patent  fire  extinguisher,  or  appliance  for  extinguishing  fire,  that  may  be 
purchased  for  the  use  and  more  efi"ectual  working  of  said  fire  department, 
said  company  or  companies  shall  be  organized,  officered  and  manned  as  said 
Boards  may,  by  regulation  or  order,  direct.  Volunteer  companies  may  be  or- 
ganized for  outside  districts  of  said  City  and  County,  upon  the  recommenda- 
tion of  the  Board  of  Fire  Commissioners,  and  approval  of  the  Board  of  Sup- 


188  THE  CONSOLIDATION  ACT. 

ervisors,  and  when  so  organized,  they  shall  be  under  the  provisions  of  this 
Article,  and  subject  to  such  rules  and  regulations  as  the  Board  of  Fire  Com- 
missioners may  prescribe;  but  none  of  the  members  thereof,  except  the 
steward  of  the  company,  shall  receive  any  salary,  which  salary  shall  be 
fixed  by  the  Board  of  Supervisors,  upon  the  application  of  the  Board  of  Fire 
Commissioners. 

Sec.  5.     [Amended  by  section  5  of  Act  of  March  28,  1878,  ante.^ 

Sec.  6.  All  the  paid  members  of  said  fire  department,  except  the  veteri- 
nary surgeon,  foreman,  assistant  foreman,  company  clerks,  hosemen,  hook 
and  ladder  men,  and  stewards  of  volunteer  companies,  shall  give  their  undi- 
vided attention  to  their  respective  duties;  but  the  foreman,  assistant  foreman , 
company  clerks,  hosemen,  hook  and  ladder  men,  and  stewards  of  volunteer 
companies,  shall  perform  such  duties  as  may  be  prescribed  from  time  to 
lime  by  said  Board  of  Fire  Commissioners,  and  ordered  to  be  executed  by 
the  Chief  Engineer. 

Sec.  7,  The  Board  of  Supervisors  of  said  City  and  County  shall  have 
power  to  contract  for  and  locate  all  cisterns,  hydrants,  engine,  hose,  and  hook 
and  ladder  houses  required;  to  contract  for  and  furnish  all  supplies;  to  direct 
and  control  all  alterations  and  repairs;  and  to  [?]  all  orders  for  the  govern- 
ment and  control  of  said  fire  department,  as  they  shall  deem  for  the  best  in- 
terest thereof.  And  said  Board  of  Fire  Commissioners  shall  have  power  to 
prescribe  the  duties  of  the  ofl&cers  and  members  of  said  fire  department,  and 
to  adopt  rules  andjegulationsfor  the  management  and  discipline  thereof ;  pro- 
vided, that  such  rules  and  regulations  shall  first  be  approved  by  said  Board  of 
Supervisors.  And  said  Board  of  Supervisors  are  authorized  and  required  to 
provide  and  furnish,  for  the  use  of  said  Board  of  Fire  Commissioners,  a  suit- 
able room  or  rooms  in  some  of  the  public  buildings  of  said  City  and  County, 
to  serve  as  an  office  for  their  meetings  and  the  transaction  of  business  relat- 
ing to  said  fire  department,  in  which  their  clerk  shall  be  in  attendance  daily, 
during  office  hours.  The  Chief  and  Assistant  Engineers  of  said  Department 
shall  also  make  it  their  headquarters  daily,  during  office  hours,  when  not 
otherwise  engaged  in  official  duties. 

Sec.  8.     [Obsolete.] 

Sec.  9.  Said  Board  of  Fire  Commissioners  shall  supervise  and  control 
said  fire  department,  its  officers  and  members,  subject  to  tbe  laws  governing 
the  same,  and  shall  see  that  the  officers  and  members  thereof  faithfully  dis- 
charge their  duties,  and  that  the  laws,  orders  and  regulations  relating  there- 
to are  carried  into  operation  and  effect. They  shall  not,  nor  shall  either  of  them , 
or  the  Chief  or  Assistant  Engineers  of  said  fire  department,  be  interested  in 
any  contract  pertaining  in  any  manner  to  said  department,  or  in  the  sale  or 
furnishing  of  apparatus  or  supplies  for  the  same;  and  all  contracts  in  viola- 
tion of  this  section  are  declared  void,  and  any  of  said  persons  violating  the 


THE  CONSOLIDATION  ACT.  18u 

provisions  of  this  section,  shall  be  deemed  yuilty  of  felony,  and,  upon  con- 
viction, may  be  punished  accordin£»ly. 

Skc.  10.     [Amended  by  section  9,  of  Act  of  March  28,  1878.1 

Skcs.  11,  12  and  13,  are  superseded  by  Act  of  March  28,  1878. 

Skc.  12.     [Obsolete.-] 

Skc.   13.     [Obsolete.] 

Skc.  14.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 


SUPPLEMENT     LXXI. 
1875-6,    54. 


An  Act  to  establish  and  maintain  a  training-ship  in  the  City  and 
County   of  San  Francisco, 

[Approved  February  15,  1S76.] 

The  People  of  the  State  of  California,  represented  in  Senate  and* Assembly, 
do  enact  as  follows: 

Sec.  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco is  hereby  authorized  to  procure  a  ship,  of  suitable  size  and  tonnage, 
with  all  the  necessary  tackle,  furniture,  and  equipments,  provided  said  ship 
can  be  obtained  without  expense  to  said  City  and  County,  on  board  of  which 
to  instruct  boys  in  practical  seamanship  and  navigation,  to  be  called  a  train- 
ing ship.  Said  ship  shall  cruise  at  least  fifteen  days  in  each  month,  in  order 
that  the  pupils  may  acquire  a  thorough  knowledge  of  nautical  evolutions  by 
experience  and  practice.  When  not  engaged  in  cruising  she  shall  be  anchored 
in  the  Bay  of  San  Francisco,  within  the  corporate  limits  of  said  City  and 
County.  Said  Board  shall  supply  said  ship  with  all  the  materials  and  imple- 
ments necessary  to  give  to  said  boys  a  proper  and  eflicient  nautical  education; 
and  the  said  Board  is  hereby  authorized  to  apply  to  the  United  States  Gov- 
ernment for  the  use  of  a  vessel  and  supplies  for  the  purpose  above  mention- 
ed, and  to  accept  therefrom  any  vessel,  together  with  its  necessary  tackle, 
furniture,  and  equipments,  which  the  said  Government  may  assign  to  said 
City  and  County,  to  be  used  for  the  purposes  contemplated  by  this  Act;  and 


190  THB  CONSOLIDATION  ACT. 

to  accept  the  service  of  any  officers  or  men  which  said  Government  may 
detail  for  services  on  board  any  such  vessel,  and  upon  such  terms  and  con- 
ditions, consistent  with  the  provisions  of  this  Act,  as  the  said  Government 
may  prescribe. 

Sec.  2.  Said  training-ship  shall  be  under  the  general  management  of  the 
Board  of  Supervisors  of  the  City  and  County  of  San  Francisco,  who  shall 
appoint  as  one  of  their  standing  committees  a  committee  of  three  of  their 
members,  to  be  called  the  "Training-ship  Committee,"  who  shall,  subject  to 
the  approval  of  the  said  Board  of  Supervisors,  prescribe  terms  and  condi- 
tions of  service;  prouided,  that  no  boys  shall  be  received  on  board  of  said 
ship  as  punishment,  or  in  commutation  of  punishment  for  crime;  and  fur- 
ther provided,  that  all  boys  received  on  board  such  ship  shall  be  examined 
by  a  competent  physician  and  prove  to  be  in  sound  bodily  health,  and  shall 
not  be  under  fourteen  or  over  eighteen  years  of  age.  Said  committee  shall, 
under  the  directions  of  said  Board  of  Supervisors,  adopt  rules  and  regula- 
tions for  the  government  of  said  boys,  and  appoint  all  necessary  instructors 
and  employees,  and  fix  their  compensation;  and  shall  require  the  Principal 
or  Superintendent  to  furnish  to  said  Board  quarterly  reports  of  the  number  of 
pupils,  their  character,  progress,  and  such  other  matters  as  said  Board  shall 
direct. 

Sec.  3.  Said  Board  is  hereby  authorized  and  empowered  to  indenture  or 
transfer  from  the  training-ship,  after  any  semi-annual  examination,  and  with 
his  consent,  and  that  of  his  parents  or  guardian,  any  boy  thereon,  to  any 
merchant  ship  or  vessel  of  the  United  States,  for  service  thereon,  upon  such 
terms  and  conditions  as  said  Board  shall  prescribe,  consistent  with  the  origin- 
al enlistment  of  said  boys. 

Sec.  4.  Any  person  who  shall  aid  any  boy  in  escaping  or  deserting  from 
said  training-ship  shall  be  guilty  of  a  misdemeanor,  and  be  punished  by  fine 
not  exceeding  one  thousand  dollars,  or  imprisonment  in  the  County  .Jail  for 
a  term  not  exceeding  one  year,  or  by  both  such  fine  and  imprisonment. 

Sec.  5.     lAmended  by  Act  of  March  13,  1878;  1878,  233.] 

Sec.  6.  The  ship  known  as  the  training-ship  shall  be  exempt  from  all 
charges  for  pilotage  when  going  into  or  out  of  any  port  of  this  State.  When 
the  commander  of  said  ship  applies  for  the  services  of  a  pilot,  said  pilot  re- 
fusing the  same  free  of  charge,  the  power  appointing  said  pilot  may  revoke 
his  license. 

Sec.  7.  An  Act  entitled  "An  Act  to  establish  and  maintain  a  training- 
ship  or  ships  in  the  City  and  County  of  San  Francisco,"  approved  March 
sixteenth,  eighteen  hundred  and  seventy-four,  and  all  Acts  or  parts  of  Acts, 
so  far  as  the  same  may  be  inconsistent  with  the  provisions  of  this  Act,  are 
hereby  repealed. 

Sec.  8.     This  Act  shall  take  effect  from  and  after  its  passage,  and  the 


THE  CONSOLIDATION  ACT.  191 

Board  of  Supervisors  of  said  City  and  County  is  hereby  authorized  to  accept 
the  ship  "  Jamestown,"  or  any  vessel  substituted  therefor,  from  the  Govern- 
ment of  the  United  States,  if  fully  equipped  for  the  purposes  indic.ited  in 
this  Act. 


SUPPLEMENT     LXXIV 

1875-6,  82. 


An   Act   to  establish  water  rates  in  the  City  and  County  of  San 

Francisco. 

[Approved  March  1,  1870.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.     {^Obsolete  .'\ 

Sec.  2.     [Obsolete.'] 

Sec.  3.     iObsolete.] 

Sec.  4.     [Obsolete. ] 

Sec.  5.     [Obsolete.] 

Sec.  6.     [Obsolete.] 

Sec.  7.  The  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco are  hereby  fully  authorized  and  empowered  to  determine  and  establish, 
by  order  or  resolution,  the  size  of  ttie  pipes  or  mains  to  be  laid  down  in  the 
streets,  highways,  public  squares,  and  parks  of  said  City  and  County,  and  to 
regulate  the  pressure  and  amount  of  water  to  be  kept  flowing  in  and  through 
said  pipes  and  mains  at  all  times,  and  to  fix  and  determine  the  fine  to  be 
imposed,  not  exceeding  five  hundred  dollars,  for  any  violation  of  the  pro- 
visions of  this  section,  at  the  suit  of  the  City  and  County  of  San  Francisco, 
to  be  collected  in  any  court  of  competent  jurisdiction;  and  every  day's  fail- 
ure to  maintain  a  proper  supply  of  water  to  meet  the  public  requirements 
shall  be  deemed  a  new  oflfense  and  punished  accordingly;  and  all  fines  col- 
lected for  a  violation  ot  the  provisions  of  this  Act,  and  of  the  orders  passed 
by  the  Board  of  Supervisors  to  carry  out  its  provisions,  shall  be  paid  into 
the  City  and  County  treasury. 


192  THE  CONSOLIDATION  ACT. 

Sec.  8.     [Obsolete.'] 

Sec.  9.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage; and  all  Acts  or  parts  of  Acts  conflicting  with  the  provisions  of  this  Act 
are  hereby  repealed. 


[  The  Act  of  April  3,  1876;  1875-6,  760;  is  both  amendatory  of  and  supple- 
mentary to  the  foregoing j  the  amendments  are  incorporated  therein,  the  sup- 
plementary portions  are  given  below:] 

Sec.  2.     iObsolete.-] 

Sec.  3.  The  Board  of  Supervisors  of  said  City  and  County  are  hereby 
empowered,  by  ordinance,  to  provide  regulations  to  prevent  waste,  by  con- 
sumers, of  the  waters  supplied  for  their  use,  as  hereinbefore  mentioned; 
and  any  violation  of  the  provisions  of  such  ordinance  is  hereby  declared  to 
be  a  misdemeanor  punishable  by  such  penalty  as  may  be  prescribed  by  said 
Board  of  Supervisors. 

Sec.  4.  The  provisions  of  the  Act  to  which  this  Act  is  amendatory  and 
supplementary,  and  this  Act,  shall  be  applicable  to  all  corporations  engaged 
in,  or  which  may  hereafter  engage  in  the  business  of  supplying  water  to  the 
inhabitants  of  the  City  and  County  of  San  Francisco. 

Sec.  5.    This  Act  shall  take  effect  immediately. 


SUPPLEMENT      LXXV. 
1875-6,  153.        * 


An  Act  to  authorize  the  appointment  of  an  additional  Interpretfr  for 
the  Criminal  Courts  of  the  City  and  County  of  San  Francisco. 

[Approved  March  8,  1876.  J 

The  People  of  the  Slate  of  California,  represented  in  Senate  and  Assembly,  do 
ordain  as  follows: 

Section  1.     The  Police  Judge  and  County  Judge*  and  Mayor  of  the  City 
and  County  of  San  Francisco  shall  have  power  to  appoint  an  additional  In- 


*  Now  Judge  of  Superior  Court.     Act  of  April  30,  1880; 


THE  CONSOLIDATION  ACT.  103 

terpreter  for  the  Criminal  Courts  of  said  City  and  County,  of  the  Portuguese, 
Italian  and  Sclavoniau  languages. 

Sec.  2.  The  salary  of  such  interpreter  shall  be  of  the  same  amount,  not 
exceeding  one  hundred  and  twenty-tive  dollars  per  month,  and  shall  be  paid 
in  the  same  manner,  and  at  the  same  time,  as  the  other  Interpreters  of  said 
Courts  are  now  or  shall  hereafter  be  paid. 

Sec.  3.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT    LXXVI. 
1875-6,  310. 


An  Act  to  confer  additional  powers  upon  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco ,  and  upon  the  Auditor 
and  Treasurer  thereof,  and  to  authorize  certain  appropriations 
of  money  by  said  Board. 

[Approved  March  16,  1876.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assemhly,  do 

enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  is  hereby  authorized  and  empowered  to  appropriate,  allow  and 
order  paid  out  of  the  General  Fund,  the  sum  of  ten  thousand  dollars,  for 
preparing  a  comprehensive  and  intelligent  system  of  sewerage  for  that  por- 
tion of  the  City  and  County  of  San  Francisco  where  the  grades  have  been 
established,  and  for  making  surveys,  and  preparing  a  map  showing  the  size 
and  materials  of  all  sewers  constructed  and  to  be  constructed  by  order  of  the 
Board  of  Supervisors,  and  for  reporting  ujiou  the  mode  adopted  to  secure 
ventilation  of  sewers,  with  plans  and  rules  as  to  the  construction  and  con- 
nection of  private  sewers  with  the  public  sewers,  etc. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 

13 


194  THE  CONSOLIDATION  ACT. 

SUPPLEMENT    LXXVII. 
1875-6,  325. 


An  Act  to  provide  for  the  care  and  maintenance  of  inebriates  and 
certain  insane  persons  in  the  City  and  County  of  San  Fran- 
cisco. 

[Approved  March  17, 1S76.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  fines  and  forfeitures,  not  exceeding  eight  hundred  dollars 
in  the  aggregate,  in  any  one  month,  imposed  and  collected  by  ihe  Police 
Judge's  Court,  in  and  for  the  City  and  County  of  San  Francisco,  from  per- 
sons arrested  for  being  drunk  or  under  the  influence  of  liquor,  shall  be,  by 
the  Clerk  of  said  Police  Judge's  Court,  immediately  paid  to  the  President, 
Secretary,  and  Treasurer,  or  a  majority  of  them,  of  the  Home  for  the  Care  of 
Inebriates,  of  said  City  and  County,  for  the  support  and  maintenance  of  said 
Home  for  the  Care  of  Inebriates,  and  the  construction  and  improvement  of  a 
building  for  said  Home  for  the  Care  of  Inebriates;  and  the  said  President, 
Secretary,  and  Treasurer,  and  each  of  them,  shall  give  a  good  and  sufficient 
bond  in  the  sum  of  ten  thousand  dollars,  with  two  or  more  sufficient  sureties, 
to  be  approved  by  the  County  Judge*  of  said  City  and  County,  for  the  faith- 
ful management  and  disbursement  of  the  moneys  received  by  them  under  the 
provisions  of  this  Act;  and  the  said  President,  Secretary,  and  Treasurer 
shall,  semi-annually,  and  as  often  as  they  may  be  required  by  the  Board  of 
Supervisors  of  said  City  and  County,  report,  under  oath,  to  said  Board,  a  de- 
tailed Statement  of  all  their  receipts  and  disbursements  of  said  moneys;  and 
neither  the  President,  Secretary,  Treasurer,  nor  any  Trustee  of  said  Home 
shall  be  entitled  to  or  receive  any  fee,  salary,  emolument,  or  reward  of  any 
kind  whatsoever,  for  any  services  rendered  by  them  or  either  of  them  as  such 
officers. 

Sec.  2.  The  Clerk  of  said  Police  Judge's  Court  shall  take  from  the  Presi- 
dent, Secretary,  and  Treasurer  aforesaid,  or  a  majority  of  them,  a  receipt  in 
duplicate  for  all  money  paid  to  them  under  the  provisions  of  this  Act,  one  of 


jNow  Judge  ot  Superior  Court. 


THE  CONSOLIDATION  ACT.  195 

■which  he  shall  file  iu  the  said  Police  Judge's  Court,  and  the  other  with  the 
Clerk  of  the  Board  of  Supervisors  of  said  City  and  County. 

Sec.  3.  All  persons  in  said  City  and  County  charged  with  being  insane, 
and  pending  their  examination,  or  foiind  to  be  insane  and  en  route  for  a  State 
Insane  Asylum,  shall  be  placed  iu  said  Home,  and  shall  be  cared  for  by  the 
officers  thereof  while  iu  said  Home,  without  charge  to  said  City  and  County. 

Sec.  i.  All  Acts  and  parts  of  Acts  in  conflict  with  the  provisions  of  this 
Act  are  hereby  repealed,  and  an  Act  entitled  "An  Act  to  confer  further  pow- 
ers upon  the  Board  of  Supervisors  of  the  City  and  County  of  San  Francisco," 
approved  April  twenty-fifth,  eighteen  hundred  and  sixty-three,  is  hereby  re- 
pealed. 

Sec.  5.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT     LXXVIII 
1875-6,   360. 


An  Act  in  relation  to  the  manufacture  of  acids  and  explosive  chem- 
icals in  the  City  and  County  of  San  Francisco,  and  for  other 
purposes. 

[Approved  Jlarch  20,  1S7G.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows. • 

Section  1.  From  and  after  the  passage  of  this  Act,  the  Board  of  Super- 
visors of  the  City  and  County  of  San  Francisco  shall  have  full  power  and 
authority  to  fix  limits  in  said  City  and  County,  within  which  the  manufacture 
of  gunpowder,  giaut  powder,  dj'namite,  nitro-glycerine,  or  other  combustible 
or  explosive  chemicals,  and  the  maintenance  of  acid  works,  shall  be  pro- 
hibited; and  to  make  such  rules  and  regulations  in  relation  to  the  manufac- 
ture and  transportation  of  such  substances  and  the  maintenance  of  acid 
works  in  any  part  of  said  City  and  County  as  they  may  deem  proper  and 
advisable. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


196  THE  CONSOLIDATION  ACT. 

SUPPLEMENT    LXXIX 

1875-6,  461. 


An  Act  to  provide  for  the  completion  of  the  building  in  the  City 
and  County  of  San  Francisco  knoivn  as  the  Neiv  City 
Hall. 

[Approved  March  24, 1876.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  folloics  : 

Section  1.  The  Mayor,  City  and  County  Attorney,  and  Auditor  of  the 
City  and  County  of  San  Francisco,  and  their  successors  in  ofl&ce,  are  hereby 
authorized  to  act  as  a  Board  to  be  known  as  the  Board  of  New  City  Hall 
Commissioners  for  the  City  and  County  of  San  Francisco.  And  the  said 
Board  are  hereby  authorized,  empowered,  and  directed  to  take  possession  of 
the  premises  bounded  by  Larkin  Street  on  the  west,  McAllister  Street  on  the 
north,  and  Park  Avenue  on  the  South  and  Southeast,  and  the  improvements 
thereon,  and  to  proceed  with  the  construction  of  the  building  on  said  prem- 
ises known  as  the  New  City  Hall,  according  to  the  plans  heretofore  adopted 
for  a  permanent  building,  as  contemplated  by  "  An  Act  of  the  Legislature  of 
the  State  of  California  to  provide  for  the  erection  of  a  City  Hall  in  the  City 
and  County  of  San  Francisco,"  approved  April  fourth,  eighteen  hundred  and 
seventy.  And  the  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized,  empowered,  and  directed  to  turn  over  and 
deliver  to  the  Board  of  New  City  Hall  Commissioners,  all  and  singular,  the 
site,  superstructure,  and  material  of  said  City  Hall,  as  well  as  all  the  plans, 
specifications,  books,  papers,  contract  rights,  privileges,  machinery,  tools 
and  appliances,  and  property  of  every  description  and  nature  belonging  to 
the  same. 

Sec.  2.  Before  entering  upon  the  discharge  of  their  duties,  the  said  Com- 
missioners shall  take  and  subscribe,  before  an  officer  authorized  to  adminis- 
ter oaths,  the  oath  of  office;  and  shall  each  give  a  bond  in  the  sum  of  ten 
thousand  dollars,  with  two  good  and  sufficient  sureties,  to  be  approved  by 
the  Judge  of  the  Municipal  Court  of  the  City  and  County  of  San  Francisco, 
conditioned  for  the  faithful  discharge  of  the  duties  as  herein  prescribed;  and 
the  said  oaths  of  office  and  bonds  shall  be  filed  in  the  office  of  the  County 
Treasurer  of  the  City  and  County  of  San  Francisco. 

Sec.  3.     As  soon  as  said  Commissioners  are  qualified  as  herein  provided. 


THE  CONSOLIDATION  ACT.  197 

they  shall  proceed  to  organize  the  Board.  The  Mayor  shall  be  President  of 
the  Board,  and  keep  a  record  of  its  proceedings  until  a  Secretary  is  duly  ap- 
pointed and  qualified.  The  Board  shall  appoint  a  Secretary,  in  the  manner 
herein  provided,  who  shall  take  the  oath  of  office,  and  give  a  bond,  condi- 
tioned for  the  faithful  discharge  of  his  duties,  in  the  sum  of  five  thousand 
dollars,  with  two  good  and  sufficient  sureties,  to  be  approved  by  the  Judge 
of  the  Municipal  Court*  of  the  City  and  County  of  San  Francisco;  which 
bond  shall  be  filed  in  the  office  of  the  County  Treasurer  of  said  City  and 
County.     The  Secretary  shall  hold  office  at  the  pleasure  of  the  Board. 

Skc.  4.  As  soon  after  the  organization  of  the  Board  as  the  Commission- 
ers may  deem  expedient,  they  shall  proceed  to  appoint  an  Architect  and  a 
Superintendent  of  Works,  who  shall  hold  their  respective  offices  at  the  pleasure 
of  the  Board.  The  Architect  and  Superintendent  of  Works  shall  each  take 
and  subscribe  the  oath  of  office,  and  each  shall  give  a  bond;  the  Architect  in 
the  sum  of  twenty-five  thousand  dollars,  and  the  Superintendent  of  Works  in 
the  sum  of  twenty  thousand  dollars,  with  two  good  and  sufficient  sureties,  to 
be  approved  by  the  Jiidge  of  the  Municipal  Court,  conditioned  for  the  faith- 
ful discharge  of  their  respective  duties.  The  Superintendent  of  Works  shall 
be  a  master  builder,  and  have  been  a  resident  of  the  City  and  County  of  San 
Francisco  for  at  least  five  years. 

Sec.  5.  It  shall  be  the  duty  of  the  Secretary  to  take  charge  of  and  safely 
keep  the  books,  papers  and  records  of  the  Board  of  Commissioners,  to  attend 
all  meetings  of  the  Board,  and  keep  full  and  correct  minutes  of  their  pro- 
ceedings, to  keep  an  accurate  account  of  the  receipts  and  disbursements  of 
the  Comaaission,  keep  an  accurate  account  with  each  officer,  clerk,  contrac- 
tor, and  emi)loyee,  and  perform  such  other  services  as  are  herein  provided, 
and  such  as  may  be  required  of  him  by  the  Board  of  Commissioners.  He 
shall  keep  his  office  open  every  day  (Sundays  and  holidays  excepted),  from 
eight  o'clock  A.  M.  until  five  o'clock  P.  M. 

Sec.  6.  It  shall  be  the  duty  of  the  Architect,  under  the  direction  and 
control  of  the  Commissioners,  to  draw  specifications  of  the  work  to  be  done, 
to  make  the  necessary  drawings  for  the  same,  to  judge  of  the  quality  and 
durability  of  the  materials  that  may  be  furnished  for  the  construction  of  the 
said  City  Hall,  and  to  take  special  care  that  all  work  be  done  in  a  good, 
substantial,  and  workmanlike  manner,  and  in  accordance  with  the  specifi- 
cations. 

Sec.  7.  It  shall  be  the  duty  of  the  Superintendent  of  Works,  herein  au- 
thorized to  be  appointed,  when  work  is  being  done  upon  said  building,  or 
materials  to  be  used  in  the  construction  are  being  furnished,  to  be  in  constant 
attendance  at  the  said  building  to  see  that  the  work  is  done  in  a  good,  and 
substantial,  and  workmanlike  manner,  and  that  the  materials  lased  are  of  the 


Now  Superipr  Court. 


198  THE  CONSOLIDATION  ACT. 

description  and  quality  called  for  by  the  specifications.  All  work  upon  the 
said  building  shall  be  done  under  the  immediate  supervision  of  the  Super- 
intendent of  Works,  and  all  materials  used  in  its  constriiction  shall  also  be 
furnished  under  his  immediate  supervision.  He  shall  also  perform  such 
other  and  further  duties  connected  with  the  construction  of  said  City  Hall  as 
shall  be  required  of  him  by  the  Board  of  Commissioners  hereby  created. 

Sec.  8.  The  salary  of  each  Commissioner  shall  be  one  hundred  dollars 
per  month.  The  salary  of  the  Secretary  shall  be  two  hundred  dollars  per 
month.  The  salary  of  the  Architect  shall  be  two  hundred  and  fifty  dollars 
per  month.  The  salary  of  the  Superintendent  shall  be  two  hundred  and  fifty 
dollars  per  month.  The  salaries  herein  provided  shall  be  in  full  compensa- 
tion for  all  services  rendered  under  this  Act,  and  ho  other  or  greater  compen- 
sation shall  at  any  time  be  allowed  or  paid  to  either  of  the  officers  herein 
named.     [As  amended  Mar.  20,  1878;  1878,  382.] 

Sec.  9.  All  meetings  of  the  Board  shall  be  held  in  the  room  in  which  the 
meetings  of  the  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco are  held,  and  shall  be  public;  and  the  records  and  proceedings  of  the 
Board  shall  be  open  to  the  inspection  of  the  public  at  any  time  during  office 
hours. 

Sec.  10.  The  Board  shall  appoint  officers,  award  contracts,  allow  claims, 
and  authorize  the  expenditure  of  money,  by  resolutions  entered  in  the  min- 
utes of  the  Board.  All  resolutions  appointing  an  officer,  awarding  a  con- 
tract, allowing  a  claim,  or  authorizing  the  expenditure  of  money,  after  its 
introduction,  and  before  it  is  finally  acted  upon  by  the  Board,  shall  be  pub- 
lished for  at  least  five  successive  days  (Sundays  and  holidays  excepted),  in 
at  least  two  daily  newspapers,  published  in  the  City  and  County  of  San 
Francisco,  of  general  circulation.  At  any  time  after  the  first  and  before  the 
last  publication  of  a  resolution,  as  herein  provided,  any  citizen  may  protest 
in  writing  against  the  adoption  of  such  resolution  by  the  Board,  and  the 
Board  shall  consider  and  dispose  of  such  protest  before  acting  upon  the  reso- 
lution. All  resolutions  shall  be  voted  upon  by  ayes  and  nays,  which  shall 
be  entered  in  the  minutes  of  the  Board. 

Sec.  11.  In  the  event  that  the  Board  of  Supervisors  of  the  City  and 
County  of  San  Francisco  shall  deem  it  expedient  to  continue  the  construc- 
tion of  the  New  City  Hall  in  the  mode  and  manner  prescribed  by  this  Act, 
they  are  hereby  authorized  and  empowered  to  express  such  judgment  by 
resolution  or  order,  in  such  form  as  they  may  deem  proper. ,  And  for  the 
purpose  of  raising  the  money  necessary  to  complete  said  building,  the  said 
Board  of  Supervisors  are  hereby  authorized  and  em^Dowered  to  levy  and  col- 
lect annually,  for  the  fiscal  year  commencing  July  first,  eighteen  hundred 
and  seventy-six,  and  ending  June  thirtieth,  eighteen  hundred  and  seventy- 
seven,  and  each  and  every  fiscal  year  thereafter,  during  the  four  fiscal  years 
next  ensuing,  in  the  same  manner  and  at  the  same  times  as  other  taxes  in 


THE  CONSOLIDATION  ACT.  199 

said  City  and  County  are  levied  and  collected,  an  ad  valorem  property  tax, 
on  real  and  personal  property  within  said  City  and  County,  of  fifteen  cents 
on  each  one  hiaudred  dollars  of  value,  as  shown  by  the  assessment  roll  of 
said  City  and  County  for  the  current  fiscal  year. 

Sec.  12.  The  money  arising  from  the  tax  hereby  authorized  to  be  levied 
and  collected  shall  be  kept  by  the  City  and  County  Treasurer  in  a  fund  to  be 
known  as  the  "  New  City  Hall  Fund,"  and  out  of  which  said  fund  all  claims 
for  work,  labor,  and  materials  used  in  the  construction  of  said  building,  and 
the  salaries  of  the  Commissioners,  the  Secretary,  the  Architect,  the  Super- 
intendent of  Works,  and  others  employed  in  and  about  the  construction  of 
said  building,  and  necessary  office  expenses  of  the  Board  of  Commissioners, 
shall  be  paid.  All  claims  against  the  said  fund  shall  bo  allowed  by  the  Board 
of  Commissioners,  by  resolution  entered  upon  the  minutes,  before  the  Au- 
ditor shall  be  authorized  to  audit  the  same,  and  in  no  case  shall  any  portion 
of  said  fund  be  used  or  expended  for  any  other  purpose  than  that  herein 
indicated,  nor  shall  any  part  of  the  cost  of  the  construction  of  said  building 
be  paid  out  of  any  other  or  different  fund;  nor  shall  any  lien  for  work,  labor, 
or  material  at  any  time  attach  to  the  sain  biiilding,  nor  the  land  upon  which 
the  same  is  located,  in  any  manner  whatever.  The  Board  of  Commission- 
ers, in  each  fiscal  year,  may  make  contracts  and  expend  in  the  construction 
of  said  building  a  sum  equal  to  the  estimated  receipts  of  the  fund  during 
the  current  fiscal  year,  but  no  larger  or  greater  sum. 

Sec.  13.  The  first  moneys  coming  into  the  fund  hereby  authorized  to  be 
created  shall  be  applied  by  the  said  Board  of  Commissioners  to  completing, 
so  that  it  may  be  immediately  occupied,  that  part  of  the  said  City  Hall  which 
is  intended  to  be  used  as  the  Hall  of  Records,  or  office  of  the  City  and 
County  Recorder,  and  other  moneys  coming  into  the  said  fund  shall  be  ex- 
pended as  far  as  practicable,  without  increasing  the  cost  of  the  work,  in  com- 
pleting, from  time  to  time,  other  parts  of  the  said  building;  and  the  parts  so 
completed  shall  be  used  for  the  purposes  for  which  they  were  constructed,  as 
soon  as  they  are  ready  for  occupancy. 

Sec.  14.  When  work  is  to  be  done  upon  said  building,  or  materials  to  be 
furnished,  it  shall  be  the  duty  of  the  Board  of  Commissioners  to  advertise, 
for  at  least  thirty  days,  in  the  official  paper,  and  in  the  morning  and  the 
evening  newspapers  published  in  said  City  and  County,  having  the  largest 
circulation,  for  sealed  proposals  for  doing  said  work  or  furnishing  said  ma- 
terial, or  for  doing  both  said  work  and  furnishing  said  material,  as  they  may 
deem  best.  The  said  work  and  materials  shall  be  of  the  best  quality.  The 
advertisement  shall  contain  a  general  description  of  the  work  to  be  done  and 
the  materials  to  be  furnished,  the  time  within  which  the  same  is  to  be  done 
or  furnished,  and  may  refer  to  plans  and  specifications  for  such  other  details 
as  may  be  necessary  to  give  a  correct  understanding  regarding  the  work  or 
materials.     The  advertisement  shall  also  state  the  dijY  and  an  hour  on  said 


200  '  THE  CONSOLIDATION  ACT. 

day  within  which  bids  will  be  received.  At  the  time  named  in  the  adver- 
tisement the  Board  shall  assemble  and  remain  in  session  for  at  least  one 
hour,  and  all  bids  shall  be  delivered  to  the  Board  whilst  it  is  in  session,  and 
within  the  hour  named  ill  the  advertisement.  No  bids  not  so  delivered  to 
the  Board  shall  be  considered.  All  bids  called  for  by  the  advertisement 
shall  be  on  blanks  to  be  furnished  by  the  Secretary  of  the  Board ;  each  bid, 
as  it  is  received,  shall  be  numbered  and  marked  "  Filed  "  by  the  President. 
At  the  expiration  of  the  hour  stated  in  the  advertisement  within  which  bids 
will  be  received,  the  Board  shall  proceed  to  open  the  bids  in  the  presence  of 
the  bidders,  and  an  abstract  of  each  shall  be  recorded  in  the  minutes  of  the 
Board  by  the  Secretary.  Before  adjourning,  the  Commissioners  shall  com- 
pare the  bids  with  the  record  made  by  the  Secretary,  and  fix  the  day  and 
hour  for  a  meeting  of  the  Board  to  consider  the  bids  and  award  the  contract. 
An  abstract  of  said  bids,  showing  the  name  of  each  bidder,  the  price  at  which 
work,  labor,  or  materials  is  offered  by  each,  and  such  other  things  as  may  be 
necessary  to  show  or  explain  the  offer,  shall  be  made  by  the  Secretary,  and 
published  for  five  days  in  a  daily  newspaper  published  in  the  City  and  County 
of  San  Francisco,  of  general  circulation.  At  the  expiration  of  five  days  after  the 
first  publication  of  the  abstract,  on  the  day  and  at  the  hour  fixed  by  the 
Board,  the  said  Board  of  Commissioners,  with  the  aid  and  assistance  of  the 
Architect  and  Superintendent  of  Works,  shall  proceed  to  consider  the  sev- 
eral bids,  and  award  the  contract  for  doing  the  work  or  supplying  the  mate- 
rials for  which  proposals  were  invited,  and  for  none  other,  to  the  lowest 
bidder  who  shall  furnish  suflicient  sureties  to  guarantee  the  performance  of 
the  contract;  i:)rovided,  the  said  Board  of  Commissioners  shall  have  the 
right  to  reject  any  and  all  bids  when,  in  their  judgment,  the  public  interests 
are  thereby  promoted;  and  provided  further,  that  no  contract  shall  be 
awarded,  except  by  the  final  passage  of  the  resolution  awarding  said  con- 
tract by  the  Board,  in  the  manner  herein  prescribed.  No  change  or  modifi- 
cation in  the  place  or  specification  shall  be  made  after  proposals  for  doing 
work  or  furnishing  materials  have  been  called  for;  nor  shall  a  contractor  be 
allowed  a  claim  for  work  done,  or  materials  furnished,  not  embraced  in  his 
contract.  All  contracts  shall  be  in  writing,  and  shall  be  carefully  drawn  by 
the  District  Attorney,  in  and  for  said  City  and  County,  and  shall  contain 
detailed  specifications  of  the  work  to  be  done,  the  manner  in  which  the 
same  shall  be  executed,  the  quality  of  the  material,  and  the  time  in  which 
the  same  shall  be  completed,  with  such  penalty  for  the  non-performance  of 
such  contract  as  the  said  Board  of  Commissioners  shall  deem  just  and  reas- 
onable. Every  contract  entered  into  by  the  said  Board,  under  the  provis- 
ions of  this  Act,  shall  be  signed  by  the  Commissioners  and  by  the  other 
contracting  party.  All  contracts  shall  be  signed  in  triplicate — one  copy  of 
which,  with  the  plans  and  specifications  of  the  work  to  be  done,  shall  be 
filed  with  the  Clerk  of  the  Board  of  Supervisors,  and  shall  at  all  times,  in 
office  hours,  be  open  to  the  inspection  of  the  public;  one,  with  the  plans 
and  specifications,  shall  be  kept  in  the  office  of  the  Board,  or  placed  in  the 


THE  CONSOLIDATION  ACT.  201 

hands  of  the  Architects,  and  the  other  copy,  with  plans  and  specifications, 
shall  be  delivered  to  the  contractor.  All  bids  made,  and  all  contracts  enter- 
ed into  for  the  construction  of  any  portion  of  the  said  City  Hall,  shall  con- 
tain an  express  condition  that  no  Chinaman  or  Mongolian  shall  be  employed 
in  the  factory,  mill,  foundry,  workshop,  or  by  the  firm,  company,  or  person 
in  doing  any  of  the  work  bid  and  contracted  for;  and  a  failure  to  comply 
with  said  provision  of  said  contract  shall  work  a  forfeiture  of  said  contract. 

Sec,  15.  The  Board  of  Commissioners  may  make  payments  to  contractors 
from  time  to  time,  as  work  progresses  or  materials  are  furnished.  But  until 
the  contract  is  completed,  at  no  time  shall  such  payment  exceed  seventy-five 
per  cent,  of  the  value  of  the  labor  or  materials  furnished,  which  said  value 
shall  be  ascertained  and  determined  by  the  Architect  and  Superintendent  of 
Works,  subject  to  the  approval  of  the  Board  of  Commissioners. 

Sec.  16.  It  shall  be  the  duty  of  the  Board  of  Commissioners,  on  the 
second  Monday  of  July,  eighteen  hundred  and  seventy-seven,  and  on  the 
second  Monday  of  July  in  each  and  every  year  thereafter,  to  and  including 
the  year  eighteen  hundred  and  eighty-one,  to  make  out  and  jjublish  in  two 
of  the  daily  newspapers  published  in  the  City  and  County  of  San  Francisco, 
a  tabular  statement,  showing  as  follows,  to  wit: 

First.  The  receipts  of  the  New  City  Hall  Fund  during  the  fiscal  year  end- 
ing June  thirtieth  preceding. 

Second.  The  amount  to  which  the  said  fund  is  entitled  for  the  same  fis- 
cal year,  but  yet  not  received. 

Third.     The  amount  paid  out  of  the  fund  during  the  same  fiscal  year. 

Fourth,     The  amount  due  upon  contracts  awarded  during  said  fiscal  year. 

Fifth.     The  amount  credited  to  the  fund  in  each  previous  fiscal  year. 

Sixth.     The  amount  paid  out  of  the  fund  in  each  previous  fiscal  year. 

Seventh.  The  estimated  amount  required  to  complete  the  City  Hall;  and 
such  other  matters  and  things  as  go  to  show  the  condition  of  the  fund  and 
its  management,  and  the  progress  that  has  been  made  in  the  construction  of 
the  said  City  Hall,  together  with  a  list  of  all  contracts  that  have  been  award- 
ed under  the  provisions  of  this  Act. 

Sec.  17.  When  the  said  City  Hall  shall  be  erected  and  completed,  as  in 
this  Act  provided,  the  said  Commissouers  shall  turn  over  to  the  Board  of 
Supervisors  of  the  City  and  County  of  San  Francisco,  all  their  books,  papers 
and  vouchers,  and  property  of  every  description,  and,  at  the  same  time,  shall 
render  a  full  and  final  account  of  their  transactions,  which  said  account  shall 
be  examined  by  said  Board  of  Supervisors,  and  if  found  correct,  approved,  and 
thereuj)on  the  ofiice  of  said  Commissioners,  and  their  powers  and  duties, 
shall  cease  and  determine;  provided,  the  sureties  on  their  official  bonds  shall 
not  be  discharged  from  liability  until  such  accounts  shall  have  been  so  ex- 
amined and  found  correct. 

Sec.  18.  The  Commissioners  authorized  by  this  Act  shall  not,  nor  shall 
either  of  them,  or  the  Architect,  the  Superintendent  of  Works,  or  the  Secretary, 


202  THE  CONSOLIDATION  ACT. 

be  interested,  directly  or  indirectly,  in  any  contract  for  work,  labor  or  materials 
furnished  in  the  construction  of  the  City  Hall;  nor  shall  either  of  them  be 
allowed  to  receive  any  sjratuity  or  advantage  from  any  contractor,  laborer  or 
person  furnishing  labor  or  materials  for  the  same.  A  violation  of  the  pro- 
visions of  this  section  shall  be  a  felony,  and  upon  conviction  thereof,  the 
partj'  so  offending  shall  be  punished  by  a  fine  not  exceeding  five  thousand 
dollars,  or  imprisonment  in  the  State  Prison  for  a  period  not  exceeding  five 
years,  or  by  both  fine  and  imprisonment,  in  the  discretion  of  the  Court. 

Sec.  19.  Any  jiublic  oflicer  or  employee  of  the  City  and  County  of  San 
Francisco,  in  any  way  connected  with  the  construction  of  the  City  Hall,  who 
shall  willfully  aid  or  assist  a  bidder  for  a  contract  to  furnish  labor  or  materials 
to  be  used  in  the  construction  of  said  City  Hall,  to  secure  the  award  of  a  con- 
tract at  a  higher  price  or  rate  than  another  bidder  had  proposed  to  conti'act  to 
do  the  work  or  furnish  the  material,  when  sealed  proposals  have  been  adver- 
tised for,  or  who  shall  in  any  way  favor  one  bidder  for  a  contract  over  anoth- 
er, by  giving  or  withholding  information  relative  to  the  plans  or  specifications, 
or  who  shall  willfully  mislead  any  bidder  with  regard  to  the  plans  and  sjjeci- 
fications,  and  any  person  who  shall  change  or  modify  the  plans  or  specifica- 
tions of  work  or  materials,  after  proposals  have  been  solicited,  or  shall  aid 
a  contractor  in  obtaining  compensation  for  work  and  material  not  embraced 
in  his  contract,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  County  Jail  of  the  City  and  County 
of  San  Francisco  for  a  period  of  not  less  than  six  months,  or  by  a  fine  of  five 
hundred  dollars,  or  by  fine  and  imprisonment,  at  the  discretion  of  the  Court. 

Sec.  20.  Any  officer  or  employee  of  the  City  and  County  of  San  Francisco, 
whose  duty  it  is  to  superintend,  supervise,  direct,  or  control  a  contractor  on 
the  said  City  Hall,  who  shall  willfully  or  carelessly  accept  other  or  diff'erent 
material,  or  permit  other  or  diff'erent  material  than  such  that  is  called  for  by 
the  specifications  to  be  used  in  the  construction  of  the  City  Hall,  or  who 
shall  permit  unskilled  or  inferior  labor  to  be  employed  in  the  construction  of 
the  said  building,  or  shall  accept  on  behalf  of  the  City  and  County  work 
which  is  not  good,  substantial,  and  workmanlike,  or  who  shall  knowingly  or 
carelessly  certify  to  the  correctness  of  a  claim  of  a  contractor,  or  other,  for 
work,  or  labor,  or  material,  for  more  than  such  contractor  is  lawfully  entitled, 
or  who  shall  willfully  or  carelessly  certify  that  a  greater  amount  of  work  or 
labor  has  been  performed  than  has  actually  been  done,  or  a  larger  or  greater 
amount  of  material,  or  different  material  has  been  furnished  than  has  actu- 
ally been  furnished,  with  the  intention  of  defrauding,  or  permitting  another 
to  defraud  the  City  and  County,  or  who  shall  be  interested  directly  or  indi- 
rectly in  any  contract  for  work,  labor,  or  for  furnishing  material  to  be  used 
in  the  construction  of  said  City  Hall,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
County  Jail  of  the  City  and  County  of  San  Francisco,  for  a  period  of  not  less 
than  six  months,  or  fined  in  a  sum  of  not  less  than  five  hundred  dollars,  or 
by  fine  and  imprisonment,  at  the  discretion  of  the  Court. 

Sec.  21.     This  Act  shall  take  effect  from  and  after  its  passage. 


THE  CONSOLIDATION  ACT.  203 


SUPPLEMENT     LXXX 
1875-G,  501. 


A7i  Act  to  authorize  the  City  and  County  of  San  Francisco  to  pro- 
vide and  7naintain  jni.blic  loater-works  for  said  City  and  Coun- 
ty, and  to  condemn  and  puixhase  private  property  for  tliai  pur- 
pose. 

[Approved  March  27,  1876.] 

Tlie  People  of  the  State  of  California,  represented  in  Senate  an  d  Assemhly,  do 

enact  as  follows: 

[Kepealed  January  23,  1880.] 


SUPPLEMENT     LXXXI. 

1875-6,  507. 


Alt  Act  to  confer  further  powers  upon  the  Superintendent  of  Public 
Streets,  Highways  and  Squares  of  the  City  and  County  of 
San  Francisco. 

[Approved  March  28,  1876.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assemhly,  do 
enact  as  follows: 

Section  1.  The  owners  of  the  majority  of  front  feet  in  any  block  of  the 
City  and  County  of  San  Francisco  may,  within  five  days  after  the  award  of 
any  contract  for  paving,  sewering,  piling,  and  capping  on  such  block,  select 
and  recommend  in  writing  to  the  Superintendent  of  Public  Streets,  High- 
ways and  Squares  of  said  City  and  County,  a  competent  person  as  Inspector, 
to  superintend  the  construction  or  improvement  of  each  and  every  sower,  and 
of  piling  and  capping,  or  repiliug  and  recapping,  paving  and  repaving,  and 
thereupon  it  shall  be  the  duty  of  said  Superintendent  to  appoint  the  person 
so  selected  as  such  Inspector;  and   the  person  so  selected  and  appointed 


201  THE  CONSOLIDATION  ACT. 

shall  make  oath  before  the  said  Superintendent  to  faithfully  perform  his  duties 
as  such  Inspector.  In  case  such  owners  shall  fail  or  neglect,  for  the  period 
of  five  days  after  the  award  of  any  contract,  to  select  or  recommend  a  person 
as  Inspector  as  aforesaid,  the  said  Superintendent  shall  appoint  a  competent 
person  as  such  Inspector.  It  shall  be  the  duty  of  such  Inspector  to  remain 
on  the  workcontinuously  during  the  performance  thereof,  and  to  see  that  the 
contract  for  any  such  work  is  strictly  fulfilled  in  every  respect,  and  in  case 
of  any  departure  from  said  contract,  it  shall  be  his  duty  to  report  the  same 
to  the  said  Superintendent  of  Public  Streets,  Highways  and  Squares.  The 
Inspector  shall  be  allowed,  for  his  time  actually  employed  in  the  discharge 
of  his  duties,  compensation  not  to  exceed  five  dollars  per  day,  to  be  paid  by 
the  contractor  before  the  issuance  of  the  assessment,  and  included  therein  as 
part  of  the  expenses  of  the  improvements  therein  mentioned. 

Sec.  2.  All  Acts  and  parts  of  Acts  in  conflict  with  this  Act  are  hereby 
repealed. 

Sec.  3.     This  Act  shall  take  effect  from  and  after  its  passage. 


SUPPLEMENT    LXXXII. 
1875-6,  632. 


All  Act  to  utilize  the  prison  labor  and  govern  the  House  of  Correc- 
tion of  the  City  and  County  of  San  Francisco. 

[Approved  March  31,  1876.  ] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  empowered  to  make  all  necessary  arrangements,  as 
hereinafter  provided,  to  utilize  the  labor  of  the  prisoners  committed  to  the 
Jail  or  House  of  Correction  of  said  City  and  County,  for  a  term  of  imprison- 
ment, by  the  Judges  of  said  City  and  County. 

Sec.  2.  All  persons  convicted  by  the  Judge  of  the  Police  Judge's  Court 
and  sentenced  to  a  term  in  the  County  Jail  or  House  of  Correction,  shall  be 
deemed  to  have  been  also  sentenced  to  labor  during  such  term,  unless  said 
Judge,  for  good  cause,  orders  otherwise,  or  for  reasons  hereafter  provided  in 
this  Act. 

Seo.  3.     IRepealed  by  Act  of  April  1,  1878;  1878,  953.] 


THE  CONSOLIDATION  ACT.  205 

Sec.  4.  The  Board  of  Supervisors  of  the  City  and  County  of  Sau  Fran- 
cisco are  hereby  intrusted  with  the  government  of  the  House  of  Correction, 
and  are  hereby  empowered  to  carry  out  the  provisions  of  this  Act,  aiid  to  see 
that  they  are  strictly  enforced.  They  shall,  on  the  passage  of  this  Act,  ap- 
point a  competent  Superintendent  for  the  House  of  Correction  of  said  City 
and  County,  who  shall  also  be  Treasurer  of  said  House  of  Correction,  and 
who  shall  give  good  and  sufficient  bonds  in  a  sum,  and  with  sureties  to  be 
approved  by  said  Supervisors,  for  the  faithful  discharge  of  his  duties,  and  to 
whom  shall  be  paid  a  salary  to  be  fixed  by  them,  not  to  exceed  two  hundred 
dollars  per  month,  paid  monthly.  Said  Superintendent  shall  only  be  re- 
moved for  juat  and  sufficient  legal  cause,  after  a  fair  and  impartial  investi- 
gation of  his  case  by  said  Supervisors.  He  shall,  immediately  after  his 
appointment,  and  when  authorized  by  said  Supervisors,  appoint,  subjert  to 
the  approval  of  the  Supervisors  of  said  City  and  County,  such  subordinates 
as  may  be  deemed  necessary  by  the  Supervisors,  and  the  pay  of  such  subor- 
dinates shall  be  fixed  by  said  Supervisors,  not  exceeding  one  hundred  dol- 
lars per  month  to  each  party  so  appointed. 

Sec.  5.  The  Superintendent  shall  manage  the  general  interests  of  the  in- 
stitution; see  that  its  afifairs  are  conducted  in  accordance  with  the  require- 
ments of  this  Act,  and  of  such  by-laws  as  the  Board  of  Supervisors  may 
from  time  to  time  adopt  for  the  orderly  and  economical  management  of  its 
concerns;  to  see  that  strict  discipline  is  maintained  therein;  to  provide  em- 
ployment for  the  inmates;  adjust  and  certify  all  claims  against  the  institu- 
tion; and  all  by-laws  made  by  said  Supervisors  for  the  management  of  said 
institution,  and  not  contrary  to  the  laws  of  this  State,  shall  be  binding  in  all 
respects  upon  said  Superintendent,  officers,  and  inmates;  and  said  Superin- 
tendent shall  each  year  i)repare  and  submit,  under  oath,  to  the  Board  of  Su- 
pervisors, a  report  of  the  concerns  of  said  institution. 

Sec.  6.  The  Superintendent  shall  reside  at  the  House  of  Correction,  have 
charge  of  its  inmates  and  property,  and  be  its  Treasurer;  keep  accounts  of 
all  his  receipts  and  expenditures,  and  of  all  such  property,  and  account  in 
such  manner  as  the  said  Board  of  Supervisors  may  require;  hold  all  books 
and  papers  open  to  their  inspection. 

Sec.  7.  The  Board  of  Supervisors  of  said  City  and  County  shall  provide 
the  House  of  Correction  with  yard,  of  sufficient  extent  for  the  convenient 
emi^loyment  of  the  persons  confined  therein,  and  enclosed  by  fences  of  suffi- 
cient height  and  strength  to  prevent  escapes,  and  also  to  prevent  all  persons 
from  without  from  all  access  to  or  communication  with  any  persons  confined 
therein. 

Sec.  8.  The  Board  of  Supervisors  shall  cause  to  be  provided,  at  the  ex- 
pense of  said  City  and  County,  suitable  material  and  implements  sufficient 
to  keep  at  work  all  persons  committed  to* the  House  of  Correction.  Said 
Board  of  Supervisors,  from  time  to  time  as  the  Superintendent  may  require, 
shall  furnish  such  raw  material,  within  the  yard    of  said   House  of   Correc- 


206  THE  CONSOLIDATION  ACT. 

tion,  as  may  be  deemed  necessary  for  the  constant  occupation  of  the  pris- 
oners. 

Sec.  9.  The  Superintendent  shall  manage  the  House  of  Correction,  sub- 
ject to  the  rules  of  the  said  Board  of  Supervisors  and  their  written  orders, 
and  shall  be  assisted  by  such  police  officers  as  may  be  required,  and  whose 
service  shall  be  obtained  by  an  order  by  the  Board  of  Supervisors  on  the 
Chief  of  Police,  given  at  least  twenty-four  hours  in  advance.  The  Superin- 
tendent shall  keeiJ  all  prisoners  employed  in  such  labor,  on  the  public  or 
other  works,  as  may  be  included  in  the  sentence  of  the  Judge  committing  the 
prisoner;  and  in  case  the  prisoners  are  disobedient  or  disorderly,  or  do  not 
faithfully  perform  their  task,  the  officers  in '  charge  may  put  fetters  and 
shackles  on  them,  or  confine  them  in  dark  and  solitary  cells,  and  the  officers 
so  punishing  shall  keep  a  record  of  the  punishment,  showing  its  cause, 
mode  and  degree,  and  duration  of  such  punishment,  and  furnish  the  same 
to  the  Superintendent,  who  shall  make  monthly  report  to  the  Board  of  Su- 
pervisors of  such  punishment,  together  with  a  detailed  statement  ot  the 
workings  of  the  House  of  Correction.  A  like  record  of  the  conduct  of  each 
prisoner  shall  be  kept  by  the  Superintendent,  and  similarly  returned  to  said 
Board  of  Supervisors  at  the  end  of  each  month. 

Sec.  10.  For  each  month  in  which  the  prisoner  appears,  by  the  record 
provided  for  in  section  nine  of  this  Act,  to  have  been  obedient,  orderly  and 
faithful,  three  days  shall,  with  the  consent  of  the  said  Board  of  Supervisors, 
be  deducted  from  his  term  of  sentence,  and  for  each  month  that  it  shall  ap- 
pear from  such  record  that  his  conduct  has  been  positively  good,  and  that 
he  has  rendered  a  prompt  and  cheerful  obedience  to  the  rules  of  the  House 
of  Correction,  five  days  shall  be  deducted  from  such  term. 

Seo.  11.  The  Superintendent  shall  see  that  the  prisoners  are  at  all  times 
kept  at  labor  on  the  public  works  of  the  City  and  County  of  San  Francisco 
at  least  six  hours  a  day,  during  six  days  of  the  week,  when  the  weather  will 
permit.  By  the  public  works,  as  used  in  this  Act,  is  understood  the  con- 
struction, or  repair,  or  cleaning  of  any  streets,  road,  dock,  wharf,  public 
square,  park,  building,  cutting  away  hills,  grading,  or  other  work  whatever, 
which  is  authorized  to  be  done  by  and  for  the  use  of  the  said  City  and 
County,  and  the  expense  of  which  is  not  to  be  borne  exclusively  by  individ- 
uals or  property  particularly  benefited  thereby. 

Sec.  12.  The  Superintendent  may,  with  the  consent  of  the  said  Board  of 
Supervisors,  let  out  the  labor  of  the  prisoners  to  good  and  responsible  parties, 
at  a  sum  per  day  to  be  determined  by  the  said  Board;  provided,  the  prison- 
ers so  laboring  shall  be  duly  and  sufficiently  secured  at  all  times  while  at 
work.  No  prisoner  or  prisoners  shall  be  allowed  to  go  from  the  walls  of  the 
prison  without  a  proper  and  sufficient  guard. 

Sec.  13.  When  any  contract  shall  be  entered  into  between  the  Board  of 
Supervisors  and  others  for  the  labor  of  the  prisoners,  as  provided  in  the  last 
section,  the  Superintendent  shall  keep  an  exact  account  of    all  such  hired 


THE  CONSOLIDATION  ACT.  207 

labor,  the  number  of  days'  work  clone,  and  for  whom,  and  the  amount  col- 
lected or  due  on  such  work.  The  said  Board  of  Supervisors  are  hereby  au- 
thorized to  apply  the  proceeds  of  sucli  labor  to  defraying  the  expenses  of 
the  House  of  Correction. 

Sec.  14.  If  any  prisoner  shall  abscond,  or  escape,  or  depart  from  the 
House  of  Correction  without  license,  the  Superintendent  shall  have  power  to 
pursue,  retake,  and  bring  him  back,  and  to  require  all  necessary  aid  for  that 
purpose;  the  Superintendent  may  confine  him  to  his  work  by  fetters  or 
shackles,  or  in  such  manner  as  he  may  judge  necessary,  or  may  put  him  in 
close  confinement  until  he  shall  submit  to  the  regulations  of  the  House  of 
Correction,  and  for  every  escape  each  offender  shall  be  holden  to  labor  in 
the  House  of  Correction  for  the  term  of  one  month,  in  addition  to  the  time 
for  which  he  was  first  committed. 

Sec.  15.  Male  and  female  prisoners  shall  be  confined  and  kept  separately 
in  the  House  of  Correction. 

Sec.  1G.  The  Superintendent  shall  keep  the  female  prisoners  at  such 
work  at  all  times  as  they  are  able  to  perform,  and  shall  provide  them  with 
necessary  material  and  means  whereby  they  may  be  enabled  to  occupy  their 
time  in  mending  or  making  clothing,  etc.,  for  the  public  or  charitable  insti- 
tutions under  the  charge  of  said  City  and  County;  or  the  said  Board  of 
Supervisors  may,  from  time  to  time,  when  in  their  judgment  it  may  be  bene- 
ficial or  profitable,  hire  out  the  work  of  such  women  to  the  highest  bidder, 
and  under  like  circumstances  as  are  provided  for  in  section  thirteen  of  this 
Act, 

Sec.  17.  When  any  person  is  committed  to  said  House  of  Correction  and 
is  too  sick  for  immediate  work,  the  Superintendent  shall  order  him  or  her  to 
be  well  taken  care  of,  in  such  comfortable  quarters  as  may  be  jjrovided  in  the 
institution  for  the  care  of  the  sick  by  said  Board  of  Supervisors.  Should  the 
attending  physician  deem  any  prisoner  too  sick  to  remain  in  the  House  of 
Correction,  the  Superintendent  may  order  him  or  her  to  be  sent  to  the  City 
and  County  Hospital  until  cured,  when  he  or  she  must  be  retained  to  serve 
out  his  or  her  unexpired  term  of  imprisonment. 

Sec.  18.  The  Board  of  Supervisors  shall  fix  the  salaries  of  the  Superin- 
tendent and  the  other  ofiicers  of  the  House  of  Correction,  and  shall  certify  to 
the  Board  of  Supervisors,  every  month,  the  amount  of  each  ofiicer's  salary, 
and  said  Board  of  Supervisors  are  instructed  to  order  the  same  paid  out  of 
the  City  and  County  treasury,  as  other  salaries  are  paid. 

Sec.  19.  The  provisions  of  this  Act  requiring  prisoners  to  labor  are  made 
applicable  to  prisoners  who  may  be  confined  in  the  County  Jail  on  commit- 
ments from  the  Police  or  Municipal  Criminal  Court,  for  punishment  for  mis- 
demeanor. But  nothing  in  this  .\ct  shall  be  so  construed  as  to  require  labor 
from  such  defendants  as  may  be  detained  in  said  County  Jail  or  House  of 
Correction  to  await  trial  iu  any  court,  or  who  may  be  committed  there  for 


208  THE  CONSOLIDATION  ACT. 

contempt  of  court,  or  witneBses  in  any  suit,  civil  or  criminal,  or  on  any 
civil  process. 

Sec.  20.  The  City  and  County  Physician  shall  be  required  to  visit  the 
House  of  Correction  at  regular  prescribed  times  to  be  fixed  by  the  Board  of 
Supervisors,  and  without  additional  salary. 

Sec.  21,  All  Acts  and  parts  of  Acts  in  conflict  with  this  Act  are  hereby 
repealed. 

Sec.  22.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


SUPPLEMENT    LXXXIII. 

1875-6,  795  . 


An  Act  to  confer  additional  powers  upon  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco. 

[Approved  April  3,  1S76.J 

The  People  of  the  State  of  California,  rej^resented  in  Senate  and  Assembly,  do 

enact  asfolloios: 

*  Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  have  the  streets  in  said 
City  and  County  kept  clean,  in  the  following  manner:  From  the  first  of  Octo- 
ber to  the  first  of  April,  in  each  year,  they  may  employ  not  to  exceed  twenty 
horses  and  carts,  with  drivers,  and  twenty-five  additional  men,  as  scrapers 
and  sweepers;  and  from  the  first  of  Ajsril  to  the  first  of  October,  in  each  year, 
fifteen  horses  and  carts,  with  drivers,  and  twenty  additional  men,  as  scra- 
pers and  sweepers. 

Sec.  2.  iSuperseded  by  section  1  of  Act  of  March  2,  1878;  1878,  139.] 

Sec.  3.  The  Board  of  Supervisors  are  hereby  authorized  and  empowered 
to  employ  not  to  exceed  ten  men  and  three  horses,  carts  and  men,  to  clean 
out  and  remove  all  sand  and  dirt  that  may  accumulate  in  the  public  sewers. 

Sec.  4.     \_Superseded  by  Act,  siqyra.'] 

Sec.  5.  All  the  work  specified  in  this  Act  shall  be  done  under  the  super- 
vision of  the  Street  Committee  of  the  Board  of  Supervisors,  and  of  the 
Superintendent  of  Public  Streets  of  the  City  and  County  of  San  Francisco. 

Sec  6.     The  Board  of  Supervisors  are  hereby  invested  with  full  power  and 


THE  CONSOLIDATION  ACT.  209 

authority  to  cause  the  persons  sentenced  or  committed  to  the  House  of  Cor- 
rection to  be  employed  in  cleaning  the  public  streets,  highways  and  sewers 
of  said  City  and  County  of  San  Francisco . 

Skc.  7.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT    LXXXIV. 

1875-G,  829. 


An  Act  to  create  a  City  Criminal  Court  in  and  for  the  City  and 
County  of  San  Francisco,  to  define  its  powers  and  jurisdiction. 

[Approved  April  3,  1876.1 

Ihe  People  of  the  Slate  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

[Repealed  by  Constitution  of  1879.] 


SUPPLEMENT   LXXXV. 

1875-G,  854. 


An  Act  to  confer  additional  'poioers  upon  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco,  and  upon  the  Auditor 
and  Treasurer  thereof. 

[Approved  April  3,  ]876.] 

The  People  of  ihe  State  of  California,  represented  in  Senate  and  Assemhly  do 

enact  as  follows: 

Section  1.  If  at  the  beginning  of  any  month  any  money  remains  unex- 
pended in  any  of  the  funds  set  apart  for  maintaining  the  municipal  govern- 
ment of  the  City  and  County  of  San  Francisco,  and  which  might  law- 
fully have  been  expended  the  preceding  month,  such  unexpended  sum  or 
sums  may  be  carried  forward  and  expended  by  order  of  the  Board  of  Super- 
visors in  any  succeeding  month;  provided,  that  said  Board  of  Supervisors 
shall  not  hereafter  make  any  contract  for  any  purpose,  binding  said  city  for 
a  longer  period  than  two  years.  * 

Sec.  2.     This  Act  shall  take  effect  from  and  after  its  i^assage. 


*  See  Act  of  February  25,  1878;  1877-78,  111. 
14 


210  THE  CONSOLIDATION  ACT, 


SUPPLEMENT    LXXXVI 
1875-6,  858. 


An  Act  to  confer  additional  power  on  the  Board  of  Supervisors  of 
the  City  and  County  of  San  Francisco. 

[Approved  April  3,  1876.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  directed  to  appropriate,  from  the  Gen- 
eral Fund  of  said  City  and  County,  the  sum  of  five  thousand  dollars  for  the 
improvement  of  Hamilton  Square  of  said  City  and  County;  also,  to  allow 
and  order  paid,  out  of  the  General  Fund,  the  sum  of  fifteen  thousand  dol- 
lars for  the  maintenance  of  the  Golden  Gate  Park,  said  sum  to  be  expended 
in  such  manner  as  the  Board  of  Park  Commissioners  may  direct. 

Sec.  2.  The  Auditor  of  said  City  and  County  is  hereby  directed  to  audit, 
and  the  Treasurer  of  said  City  and  County  is  hereby  directed  to  pay  out  of 
the  General  Fund  of  said  City  and  County,  upon  the  order  of  the  Board  of 
Supervisors  of  said  City  and  County,  in  accordance  with  the  provisions  of 
section  one  of  this  Act. 

Sec.  3.     This  Act  shall  take  eff'ect  immediately. 


SUPPLEMENT  LXXXVII 
1875-6,  859. 


An  Act  to  confer  further  powers  upon  tJie  Board  of  Supervisors 
of  the  City  and  County  of  San  D-ancisco. 

[Approved  April  3, 1876.] 

r/4«  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.    The  Board  of  Supervisors  of  the  City  and  County  of   San 
Francisco  are  hereby  authorized  and  empowered  to  appropriate  and  order  to 


THE  CONSOLIDATION  ACT.  211 

be  paid,  out  of  the  General  Fuud  of  said  City  and  County,  the  following 
sums,  for  the  purposes  hereinafter  named:  Ten  thousand  dollars  for  grad- 
ing and  otherwise  improving  Jefferson  Square,  in  said  City  and  County;  ten 
thousand  dollars  (S10,000)  for  grading,  fencing,  and  otherwise  improving 
Alta  Plaza,  in  said  City  and  County;  five  thousand  dollars  ($5,000)  for 
fencing  and  otherwise  imin-oving  Pioneer  Park,  on  Telegraph  Hill,  in  said 
City  and  County;  provided,  that  the  absolute  title  to  said  park  shall  be  first 
granted  to  the  said  City  and  County  by  deed  of  gift;  and  provided  further, 
that  no  money  be  appropriated  or  paid  oiit  of  any  fund  for  the  purchase  of 
said  Pioneer  Park. 

Sec.  2.  The  Auditor  of  said  City  and  County  is  directed  to  audit,  and 
the  Treasurer  of  said  City  and  County  to  pay,  upon  the  order  of  the  said 
Board,  the  several  sums  hereinbefore  mentioned,  for  the  piirposes  specified. 

Sec.  3.     This  Act  shall  take  effect  from  and  after  its  passage. 


SUPPLEMENT    LXXXVIII, 

1875-6,  860. 


An  Act  concernimj  the  office  of  Collector  of  Licenses  for  the 
City  and  County  of  San  Francisco. 

[Approved  April  3,  1876.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  foUoxcs: 

Section  1.  The  Collector  of  Licenses,  the  Deputy  Collector  of  Licenses, 
and  the  Assistant  Collectors  of  Licenses  of  the  City  and  County  of  San 
Francisco  shall,  from  and  after  the  first  day  of  the  month  next  succeeding 
the  passage  of  this  Act,  receive  as  salaries,  payable  out  of  the  General 
Fund,  the  following  sums,  namely:  Collector  of  Licenses,  the  sum  of  two 
hundred  dollars  per  month;*  the  Deputy  Collector  of  Licenses,  one  hun- 
dred and  fifty  dollars  per  month;  and  the  Assistant  Deputy  Collector,  one 
hundred  and  twenty-five  dollars  each,  payable  in  the  same  manner  as  the 
salaries  of  the  other  City  and  County  officers  are  paid. 

Sec.  2.     From  and   after  the  first  day  of  the  month  next  succeeding  the 


■~  Superseded  by  Act  of  March  .26,  1S78,  and  fixed  at  .■13,000  ikt  auiiuui. 


212  THE  CONSOLIDATION  ACT. 

passage  of  this  Act  there  shall  be  as  manj'  Assistant  Collectors  of  Licenses 
^or  the  City  and  Couuty  of  San  Francisco  as  the  Collector  of  Licenses,  with 
the  advice  and  consent  of  the  Mayor,  Auditor  and  Treasurer,  may  deem 
necessary,  not  exceeding  twelvf^in  number,  who,  together  with  the  Deputy 
Collector  of  Licenses,  shall  hold  their  offices  by  the  appointment  and  during 
the  pleasure  of  the  Collector  of  Licenses  of  said  City  and  County. 

Sec.  3.  Not  more  than  thirty  days  prior  to  the  first  day  in  July,  eighteen 
hundred  and  seventy-seven,  and  biennially  thereafter,  not  more  than  thirty 
days  prior  to  the  first  Monday  in  July  of  such  biennial  year,  the  Mayor,  the 
Auditor  and  the  Treasurer  of  the  said  City  and  County  shall  appoint,  sub- 
ject to  the  confirmation  by  the  Board  of  Supervisors  of  said  City  and 
County,  a  suitable  person  as  Collector  of  Licenses  for  the  City  and  County 
of  San  Francisco,  who  shall  hold  office  for  the  term  of  two  years  from,  on, 
and  after  the  first  Monday  in  July  succeeding  his  appointment  and  confirma- 
tion, and  until  his  successor  shall,  in  the  same  manner,  be  appointed  and 
confirmed,  and  shall  have  qualified. 

Sec,  4.  In  case  of  a  vacancy  occurring  by  death  or  otherwise,  in  the 
office  of  the  Collector  of  Licenses  of  said  City  and  County,  holding  his  office 
under  the  provisions  of  the  last  preceding  section,  the  same  shall  be  filled 
for  the  remainder  of  the  unexpired  term  by  appointment  of  the  Mayor, 
Treasurer  and  Auditor,  and  confirmation  of  the  Board  of  Supervisors  of  said 
City  and  Couuty;  and  in  case  of  the  inability  of  said  Collector  of  Licenses 
to  act,  his  place  shall,  in  the  same  manner,  be  temporarily  filled  until  such 
disability  is  removed. 

Sec.  5.  All  Acts  and  parts  of  Acts,  so  far  as  they  are  in  conflict  with  this 
Act,  are  hereby  repealed. 

Sec.  6.     This  Act  shall  take  effect  and  be  in  force  immediately. 


SUPPLEMENT   LXXXIX 

1875-G,  861. 


An  Act  to  provide  for  the  preservation  and  improvement  of 
Golden  Gale  Park,  in  the  Citij  and  County  of  San  Fran- 
cisco. 

*  [Approved  April  3,  1876.] 

The  People  of  the  State  of  California,  rcpresmted  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.     The  Board   of   Supervisors  of   the   City  and   Couuty  of   San 


THE  CONSOLIDATION  ACT.  213 

Francisco  shall  have  the  power  to  levy  and  collect,  in  the  mode  prescribed 
by  law  for  the  assessment  and  coUecti  on  of  taxes,  by  tax  each  year,  upon  all 
property  in  said  City  and  County,  the  sum  of  one  and  one-half  cents  upon 
each  one  hundred  dollars'  valuation  of  taxable  property  therein,  for  the 
purpose  of  preserving  and  improving  Golden  Gate  Park,  in  said  City  and 
County.  Said  sum  of  money  so  raised  shall  be  so  disbursed  by  the  Park 
Commissioners  for  the  purposes  in  like  manner  as  the  moneys  heretofore 
disbursed  by  said  Commissioners. 

Sec.  2.  The  Park  Commissioners  shall  employ  one  general  Superinten- 
dent, who  shall  perform  the  duties  of  overseer  and  managing  gardener,  and 
shall  receive  a  salai'y  not  to  exceed  the  sum  of  two  hundred  dollars  per 
month  for  his  services.  The  City  and  County  Surveyor  shall  be  ex  officio 
the  engineer  for  said  park,  and  perform  such  engineering  work  as  the  Com- 
missioners may  require  of  him.  Said  Commissioners,  in  addition  to  said 
general  Superintendent,  may  from  time  to  time  employ  at  wages  such  labor- 
ers and  other  workmen  as  may  be  necessary  to  properly  carry  on  the  duties 
herein  provided  for,  and  no  others  except  as  provided  in  this  Act.  They  shall 
in  no  year  incur  any  greater  liability  or  disburse  moneys  beyond  the  amount 
raised  by  the  tax  provided  for  in  section  one  for  such  year.  No  employees 
shall  be  kept  by  said  Commissioners  excejDt  as  herein  prescribed. 

Sec.  3.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT    XC. 

1875-6,  902. 


An  Act  to  aidliorlze  the  Board  of  Education  of  the  City  and 
County  of  San  Francisco  to  provide  for  tlie  support  of  the 
Common  Schools  of  said  City  and  County. 

[Approved  April  3,  1876.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  folloios: 

Sectiok  1.  It  shall  be  the  duty  of  the  Board  of  Education  of  the  City 
and  County  of  San  Francisco,  on  or  before  the  second  Monday  of  September 
in  each  year,  to  report  to  the  Board  of  Supervisors  of  the  said  City  and  County 
an  estimate  of  the  amount  of  money  which  will  be  required  during  the  year 
for  the  purpose  of  meeting  the  current  annual  expenses  of  public  instruction 
in  said  City  and  County,  specifying  the  amount  required  for  supplies  fur- 


214  THE  CONSOLIDATION  ACT. 

nished  to  pupils,  for  purchasing  and  procuring  sites,  for  leasing  rooms  or 
buildings,  or  erecting  buildings,  and  for  furnishing,  fitting  up,  altering,  en- 
larging, and  repairing  the  buildings  and  premises  under  their  charge,  for  the 
support  of  schools  which  shall  have  been  organized  by  the  Board  since  the 
last  annual  apportionment,  for  salaries  of  teachers,  janitors,  clerks,  and  other 
employees  of  the  Board,  and  for  such  further  sum  or  sums  as  may  be  neces- 
sary for  any  of  the  purposes  authorized  by  this  Act;  but  the  aggregate  amount 
so  reported  shall  not  exceed  the  sum  of  thirty-five  dollars  for  each  pupil  who 
shall  have  actually  attended  and  been  taught  in  the  preceding  year  in  the 
schools  entitled  to  participate  in  the  apportionments.  The  number  of  pupils 
who  shall  be  considered  as  having  attended  the  schools  during  any  one  year 
shall  be  ascertained  by  adding  together  the  number  of  days'  attendance  of  all 
the  pupils  in  the  common  schools  during  the  year,  and  dividing  the  same  by 
the  number  of  school  days  in  the  year.  Said  Board  of  Supervisors  are  here- 
by authorized  and  empowered  to  levy  and  cause  to  be  collected,  at  the  time 
and  in  the  manner  of  levying  State  and  other  City  and  County  taxes,  the 
amount  of  tax,  not  to  exceed  thirty-five  dollars  per  pupil,  determined  and 
reported  by  the  Board  of  Education.  The  amount  so  levied  and  collected  by 
said  Board  of  Supervisors  shall  not  include  the  amounts  annually  received 
from  poll-taxes. 

Secs.  2,  3,  4.     lObsolete.'\ 

Sec.  5.     This  Act  shall  be  in  force  from  and  after  its  passage. 


SUPPLEMENT   XCI 

187.7-8,    5. 


An  Act  relative  to  street  repairs  in  the  City  and  County  of  San 
*  Francisco. 

[Approved  December  21,  1877.] 

The  People  of  tlie  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  Superintendent  of  Public  Streets,  Highways,  and  Squares, 
of  the  City  and  County  of  San  Francisco,  is  hereby  authorized  to  employ,  at 
such  compensation  as  the  Board  of  Supervisors  may  from  time  to  time  fix, 
not  to  exceed  one  hundred  men,  and  not  to  exceed  twenty-five  horses  and 
carts,  to  perform  the  work  of  ordinary  repairs  on  accepted  public  streets  and 
on  those  parts  of  the  water  front  of  said  City  and  County  upon  which  street 


THE  CONSOLIDATION  ACT.  215 

•work  done  is  not  by  law  assessable  upon  private  property,  and  to  perform 
all  ordinary  repairs  upon  brick  and  pipe  sewers  in  unaccepted  streets  in  said 
City  and  County,  and  such  other  work  ou  the  public  streets,  highways,  and 
squares,  as  the  Board  of  Supervisors  may  direct. 

Sec.  2.  Upon  the  requisition  of  the  Superintendent  of  Public  Streets  and 
Highways,  the  Board  of  Supervisors  may  purchase,  or  authorize  said  Super- 
intendent to  purchase,  from  the  lowest  bidder  (offering  adequate  security), 
all  materials  required  to  be  used  in  such  repairs.  All  moneys  expended  un- 
der this  Act  shall  be  allowed  and  paid  out  of  the  Street  Department  funds. 

Skc.  3.  The  Superintendent  of  Public  Streets,  Highways,  and  Squares, 
shall  take  charge  of  and  protect  all  materials  belonging  to  the  Street  Depart- 
ment, use  it  for  repairs,  or  make  such  disposition  of  the  same  as  the  Board 
of  Supervisors  may  direct. 

Sec.  4.  In  case  of  urgent  necessity  the  Board  of  Supervisors  may  author- 
ize the  emploj'ment  by  ttie  Superintendent  of  Streets  of  such  additional  men, 
horses,  and  carts,  for  the  purposes  of  the  work  mentioned  in  this  Act,  as  in 
the  judgment  of  the  Board  may  be  expedient,  and  all  moneys  expended 
under  this  Act  shall  be  allowed  and  paid  out  of  the  Street  Department  funds. 

Sec.  5.     This  Act  shall  take  effect  from  and  after  its  passage. 


SUPPLEMENT    XCII. 

1877-8,  5. 


An  Ad  to  confer  additional  powers  upon  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco,  and  tipon  the  Audi- 
tor and  Treasurer  thereof,  and  to  authorize  certain  appropria' 
tions  of  money  by  said  Board. 

[Approved  December  21,  1877.] 

The  People  of  the  Stale  of  Californiu,  represented  tJi  Senate  and  Assembly,  do 

enact  as  follows: 

Sec.  1.  [^Authorized  Supervisors  to  appropriate  ten  thousand  dollars  for  tht 
improvement  of  Golden  Gate  Park,  the  money  to  he  expended  by  the  Park  Com- 
missioners.'] 

Sec.  2.  The  Park  Commissioners,  mentioned  in  section  one  of  this  Act, 
are  hereby  authorized  to  employ  a  Secretary,  at  a  monthly  salary  of  not  ex- 


216  THE  CONSOLIDATION  ACT. 

ceeding  one  hundred  dollars  per  month,  payable  out  of  the  Park  Improve- 
ment Fund;  also  to  rent  an  office  for  the  transaction  of  their  business,  at  an 
expense  of  not  exceeding  fifty  dollars  per  month. 

Sec.  3.  The  Auditor  of  said  City  and  County  is  directed  to  audit,  and  the 
Treasurer  of  said  City  and  County  to  pay,  upon  the  order  of  the  Board  of 
Supervisors,  the  several  sums  hereinbefore  mentioned  for  the  purposes 
specified. 

Sec.  4.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT    XCIII. 

1877-8,  18. 


An  Act  to  limit  and  fix  the  rates  of  fares  on  street  railroads  in 
cities  and  toiuns  of  more  than  one  hundred  thousand  inhab- 
itants. 

[Approved  January  1,  1878.1 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  1.  No  street  railroad  in  any  city  or  town  in  thi!5  State,  with 
more  than  one  hundred  thousand  inhabitants,  shall  be  allowed  to  charge  or 
collect  a  higher  rate  of  fare  than  five  cents  for  each  passenger  per  trip  of  any 
distance  in  one  direction,  either  going  or  coming,  along  any  part  of  the 
whole  length  of  the  road  or  its  connections. 

Sec.  2.  Every  violation  of  the  provisions  of  section  one  of  this  Act  shall 
subject  the  owner  or  owners  of  the  street  railroad  violating  the  same  to  a 
forfeiture  to  the  person  so  unlawfully  charged,  or  paying  more  than  is 
therein  allowed  to  be  charged,  the  sum  of  two  hundred  and  fifty  dollars  for 
each  and  every  instance  when  such  unlawful  charge  is  made  or  collected,  to 
be  recovered  by  suit  in  any  Court  of  competent  jurisdiction;  such  causes  of 
action  shall  be  assignable,  and  the  action  may  be  maintained  by  the  assignee 
in  his  own  name,  and  several  causes  of  action  arising  out  of  unlawful  char- 
ges or  collections  from  difi'erent  persons  may  be  vested  in  the  assignee  and 
united  in  the  same  action. 

Sec.  3.     This  Act  shall  be  in  force  from  its  passage. 


THE  CONSOLIDATION  ACT.  217 

SUPPLEMENT    XCIV. 
1877-8,  23. 


An  Act  to  preserve  the  name  of  a  street  in  the  City  of  San  Fran- 
cisco. 

[Approved  January  15, 1S78.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  us  follows: 

Section  1.  The  street  in  San  Francisco  heretofore  known  as  Dupont 
Street,  and  running  from  Mai-ket  Street  to  the  bay,  shall  hereafter  be  known 
by  that  name  through  the  entire  length  thereof,  notwithstanding  any  at- 
tempt by  the  Board  of  Supervisors  of  said  city  and  county  to  change  the 
same. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT    XCV 

1877-8,  70. 


An  Act  to  autliorize  the  District  Attorney  of  the  City  and  County 
of  San  Francisco  to  appoint  a  Second  Assistant  Distinct 
Attorney. 

[Approved  February  C,  1878.] 

The  People  of  the  Slate  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  District  Attorney  of  the  City  and  County  of  San  Francisco 
may,  in  writing,  appoint  a  deputy,  who  shall,  while  in  office,  receive  a  salary 
of  two  hundred  and  fifty  dollars  a  month,  payable  as  the  salary  of  the  Dis- 
trict Attorney  is  now  payable  by  law. 

Sec.  2.     This  Act  shall  take  eflfect  from  and  after  its  passage. 


218  THE  CONSOLIDATION  ACT. 

SUPPLEMENT    XCVI 

1877-8,  83. 


An  Act  supplementary  to  an  Act  entitled  an  Act  to  provide  for  the 
completion  of  the  building  in  the  City  and  County  of  San 
Francisco  known  as  the  ''New  City  Hall,"  approved  March 
tirenty  fourth,  eighteen  hundred  and  seventy-six. 

[Approved  February  15,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  Whenever  the  Board  of  Commissioners  provided  for  and  estab- 
lished by  virtue  of  the  Act  to  which  this  is  supplementary  shall  have  rejected 
all  the  bids  for  doing  any  specified  work  or  furnishing  material  pursuant  to 
section  fourteen  (14)  of  said  Act,  said  Board  may  re-advertise,  for  ten  days, 
for  sealed  proposals  for  doing  said  work  or  furnishing  said  material,  as  often 
as  may  be  necessary,  but  without  changing  the  specifications  therefor;  pro- 
vided, that  all  other  requirements  of  said  Act  shall  be  complied  with,  and 
thereupon  a  legal  award  may  be  made  and  contract  entered  into  for  the  do- 
ing of  said  work  and  furnishing  of  said  material. 

Sec.  2.  The  said  Board  may  reject  and  not  further  consider  the  proposal 
or  bid  of  any  person  or  persons  who  have  failed  or  may  hereafter  fail  to  enter 
into  any  contract  awarded  to  them  by  said  Board,  or  to  carry  out  or  perform 
the  same,  and  to  make  award  of  and  enter  into  contracts  as  though  such 
delinquent  person  or  persons  were  not  bidding. 

Secs.  3  and  4.     [  Obsolete.  ] 

Sec.  5.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT     XCVII 

1877-8,  106. 


An  Act  to  amend  an  Act  entitled  "An  Act  to  provide  for  a  Police 
Contingent  Fund,"  approved  February  twenty -eighth,  eighteen 
hundred  and  fifty-nine. 

f  Approved  February  25,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Section  1.     An  Act  entitled   "An  Act  to  provide  for  a  Police  Contingent 


THE  CONSOLIDATION  ACT.  219 

Fund,"    approved    February  twenty-eighth,    eighteen    hundred   and    fifty- 
nine,  is  hereby  amended  so  as  to  read  as  follows: 

Section.  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  shall  annually  set  apart  from  the  General  Fund,  in  the  treasury  of 
said  city  and  county,  the  sum  of  seven  thousand  two  hundred  dollars,  to  be 
called  the  Police  Contingent  Fund. 

Sec.  2.  The  Police  Commissioners  of  the  City  and  County  of  San  Fran- 
cisco, or  a  majority  of  them,  are  hereby  authorized  to  allow,  out  of  the  Po- 
lice Contingent  Fund  of  said  city  and  county,  any  and  all  orders  signed  by 
the  Chief  of  Police  of  said  city  and  county;  provided,  that  the  aggregate  of 
said  orders  shall  not  exceed  the  sum  of  seven  thousand  two  hundred  dollars 
per  annum . 

Sec.  3,  The  Auditor  of  said  city  and  county  is  hereby  authorized  to  audit, 
and  the  Treasurer  of  said  city  and  county  to  pay  out  of  the  Police  Contingent 
Fund,  any  and  all  orders  so  allowed  by  the  Police  Commissioners,  not  ex- 
ceediu'^  in  the  aggregate  the  sum  of  seven  thousand  two  hundred  dollars  per 
annum. 

Sec.  4.  At  the  end  of  each  fiscal  year,  any  sum  remaining  in  the  Police 
Contingent  Fund,  upon  which  no  order  shall  have  been  allowed,  shall  be 
returned  to  the  credit  of  the  General  Fund. 


SUPPLEMENT     XCVIII. 
1877-8.  Ill, 


An  Act  to  regulate  and  limit  the  payment  of  money  out  of  the  treas- 
ury of  the  City  and  County  of  San  Francisco. 

[Approved  February  25,  187S.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembli/, 
do  enact  as  follows: 

Section  1.  It  shall  not  be  lawful  hereafter  for  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco,  or  any  Committee,  officer,  or  Board 
having  power  to  authorize  or  contract  liabilities  against  the  treasury  of  said 
city  and  county,  to  authorize,  allow,  contract  for,  pay,  or  render  payable,  in 
the  present  or  futiare,  in  any  one  month,  any  demand  or  demands  against 
said  treasury,  or  any  of  the  funds  thereof,  which  shall  in  the  aggregate  ex- 
ceed one  twelfth  part  of  the  amount  allowed  by  laws  existing  at  the  time  of 
such  contract,  authorization,  allowance,  payment,  or  liability,  to  be  expended 


220  THE  CONSOLIDATION  ACT. 

withiu  the  fiscal  year  of  which  said  mouth  is  a  part.  If  at  the  beginning  of 
any  month  any  money  remains  unexpended  in  any  of  the  funds  set  apart  for 
maintaining  the  miinicipal  government  of  the  City  and  Coiinty  of  San  Fran- 
cisco, and  which  might  lawfully  have  been  expended  the  preceding  mouth, 
such  unexpended  sum  or  sums  may  be  carried  forward  aud  expended,  by 
order  of  the  Board  of  Supervisors,  in  any  succeeding  month. 

Sec.  2.  All  contracts,  authorizations,  allowances,  payments,  and  liabili- 
ties to  pay,  made  or  attempted  to  be  made  in  violation  of  section  one  of  this 
Act,  shall  be  absolutely  void,  and  shall  never  be  the  foundation  or  basis  of  a 
claim  against  the  treasury  of  said  city  and  county.  And  all  officers  of  said 
city  and  county  are  charged  with  notice  of  the  condition  of  the  treasury  of 
said  city  and  county  and  the  extent  of  the  claims  against  the  same. 

Sec.  3.  It  is  hereby  made  the  duty  of  the  Superintendent  of  Public 
Streets,  Highways,  and  Squares  of  said  city  aud  county  to  keep  an  exact  ac- 
count of  all  street  work  upon  accepted  streets,  as  well  as  every  other  expen- 
diture chargeable  to  or  payable  out  of  the  Street  Department  Fund,  or  ex- 
pended under  the  supervision  of  said  Superintendent,  in  any  manner 
whatsoever,  and  for  that  purpose  he  shall  have  the  power  to  demand  and 
receive  from  every  other  city  and  county  officer  detailed  statements  in 
writing,  when  necessary  to  keep  said  account;  and  it  is  hereby  made  the 
duty  of  any  and  all  officers  to  furnish  said  Street  Superintendent  said  state- 
ments when  demanded.  Such  account  so  kept  by  said  Superintendent  shall 
show  every  contract  for  street  work  and  authorization  of  expenditure  from 
their  incipiency  through  the  various  stages  of  their  progress  to  completion 
with  the  amount  to  be  paid  for  the  same,  so  far  as  the  same  is  capable  of 
exact  estimation,  and  when  not,  a  sworn  estimate  of  the  probable  cost. 
Said  account  shall  be  kept  constantly  posted  up  to  date,  so  that  it  can  be 
known  exactly  at  any  time  what  part  or  proportion  of  the  monthly  sum 
allowed  by  this  Act  and  existing  laws  has  been  contracted  for,  paid,  or  ren- 
dered liable  to  pay  in  the  present  and  future. 

Sec.  4.  Whenever  at  any  time  the  contracts  performed  or  unperformed, 
lawful  claims  due  or  to  become  due,  exceed  the  amount  that  can  lawfully  be 
expended  during  any  one  month,  the  Superintendent  of  Streets  shall  give 
notice,  in  writing,  to  the  Auditor  and  Treasurer  of  said  city  and  county, 
and  also  the  Board  of  Supervisors,  by  notice  in  writing,  served  upon  the 
Clerk  of  said  Board.  Notice  of  the  fact  that  the  legal  limit  of  expenditure 
for  the  month  has  been  reached,  and  that  no  more  claims  can  be  lawfully 
contracted,  shall  be  posted  in  a  conspicuous  place  in  the  Street  Superinten- 
dent's office  by  said  officer,  and  in  the  office  of  the  Clerk  of  the  Board  of 
Supervisors  by  said  Clerk. 

Sec.  5.  Any  failure  or  neglect  on  the  jiart  of  the  Superintendent  of  Pub- 
lic Streets  and  Highways  to  comply  with  any  of  the  provisions  of  this  Act  shall 
render  him  liable  personally,  and  upon  his  official  bond,  to  any  contractor  or 
other  persons  suffering  damage  by  his  said  failure  or  neglect. 


THE  CONSOLIDATION  ACT.  221 

Sec.  6.  All  Supervisors,  as  well  as  the  Auditor  and  any  other  officer  au- 
thorizing or  aiding  to  authorize,  or  auditing,  or  allowing  any  claim  or  demand 
upon  or  against  said  treasury,  or  any  fund  thereof,  in  violation  of  any  of  the 
provisions  of  this  Act,  shall  be  liable  in  person,  and  upo)i  their  several  offi- 
cial bonds,  to  the  contractor  damaged  by  such  illegal  authorization,  to  the 
extent  of  his  loss  by  reason  of  the  non-payment  of  his  claim. 

Sec.  7.  The  Treasurer  paying  any  claim  authorized,  allowed,  or  audited 
in  violation  of  this  provision,  shall  be  liable  on  his  official  bond  to  refund 
the  same  to  the  City  and  County  treasury. 

Sec.  8.  This  Act  shall  take  efifect  and  be  in  force  on  and  after  the  first 
day  of  the  month  succeeding  its  passage. 


SUPPLEMENT    XCIX. 

1877-8,  167, 


Ad  to  regulale  the  quality  and  standard  illuminating  poioer,  and 
the  price  of  gas,  in  all  cities  ivithin  the  State  of  California  hav- 
ing a  i^opulation  of  one  hundred  thousand  or  more. 

[Approved  March  4,  1S78.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  That  in  all  cities  in  the  State  of  California  having  a  popula- 
tion of  one  hundred  thousand  or  more,  the  local  legislative  body  thereof, 
■whether  known  and  designated  as  the  Board  of  Supervisors,  or  Board  of 
Aldermen,  or  Common  Council,  or  Board  of  Trustees,  or  otherwise,  are 
hereby  authorized  and  required  to  fix  the  standard  quality  and  illuminating 
power  of  gas  to  be  furnished,  and  the  rate  and  price  for  each  one  thousand 
cubic  feet  to  be  charged  therefor,  by  any  j)erson,  company,  or  corporation 
whose  pipes  or  mains  are  or  shall  be  laid  down  in  the  streets  or  highwa3's  of 
such  city,  for  the  purpose  of  supplying  gas  for  the  use  of  such  city,  or  for 
the  inhabitants  thereof,  or  for  such  city  and  its  inhabitants;  provided,  hoir- 
ever,  that  said  Board  or  local  authority  shall  not  fix  or  establish  the  standard 
quality  and  illuminating  power  of  gas  in  such  city  at  less  than  sixteen-caudle 
power,  or  such  that  five  cubic  feet  of  gas  per  hour  so  furnished  shall  give 
light  at  least  equal  to  that  afforded  by  the  combustion  of  sixteen  standard 
sperm  candles  consuming  one  hundred  and  twenty  grains  of  sperm  each  per 
hour,  the  burner  to  be  used  in  making  such  test  to  be  that  best  adapted  to  the 


222  THE  CONSOLIDATION  ACT. 

economical  consumption  of  gas;  and  provided  further,  that  sxxch  Board  of 
Supervisors,  or  local  legislative  authority,  by  whatever  name  it  may  be  known, 
shall  not  fix  or  establish  the  rate  or  price  of  gas  so  furnished  to  such  city  or 
its  inhabitants  at  any  greater  price  or  rate  than  three  dollars  per  thousand 
cubic  feet. 

Sec.  2.  It  shall  be  the  duty  of  the  Mayor  of  each  city  having  the  popula- 
tion mentioned  in  section  one  of  this  Act,  and  such  Mayor  is  hereby  re- 
quired, within  thirty  days  after  the  passage  and  approval  of  this  Act,  to 
appoint,  subject  to  the  approval  of  the  Board  of  Supervisors,  or  other  local 
legislative  body  aforesaid,  a  person  of  competent  experience  and  knowledge 
of  and  concerning  the  proper  qualities  and  illuminating  power  of  gas,  and  who 
shall  not  be  directly  or  indirectly  interested  in  or  connected  with  any  person, 
company,  or  corporation,  engaged  in  the  manufacture  or  furnishing  of  illum- 
inating gas  in  such  city,  or  elsewhere,  either  to  such  city  or  its  inhabitants, 
or  any  of  them,  either  as  a  stockholder  or  otherwise,  who  shall  be  known 
and  designated  as  Gas  Inspector  of  such  city,  who  shall  hold  his  said  office 
for  the  term  of  two  years,  or  until  his  successor  shall  be  appointed  and  qual- 
ified; subject,  however,  to  removal  from  his  said  office  by  the  Mayor,  with 
the  concurrence  of  a  majority  of  the  Board  of  Supervisors,  or  other  local 
legislative  board  aforesaid,  for  any  one  of  the  following  causes,  to  wit:  by 
reason  of  any  interest  in  the  manufacture  or  furnishing  of  gas  in  such  city, 
whether  such  interest  existed  at  the  date  of  his  appointment  or  was  after- 
ward acquired,  or  for  want  of  competent  knowledge,  skill,  or  experience  to 
enable  him  to  properly  discharge  the  duties  of  said  office,  or  for  any  neg- 
lect, misconduct  or  inefficiency  in  the  discharge  ot  the  duties  of  said  office, 
to  the  prejudice  of  such  city  or  its  inhabitants,  or  any  of  them.  The  person 
so  appointed  shall,  before  he  enters  upon  the  duties  of  said  office,  and 
within  ten  days  after  his  appointment  and  confirmation,  take  and  subscribe 
an  oath  or  affirmation  before  the  County  Judge*  of  the  county  in  which  such 
city  is  situated,  that  he  will  faithfully  and  impartially  perform  and  discharge 
all  the  duties  required  by  this  Act,  and  the  ordinances  or  resolutions  of  said 
Board  passed  and  adopted  under  and  pursuant  to  the  provisions  thereof,  as 
such  Gas  Inspector  of  such  city,  and  shall  also,  within  the  same  time,  give 
bond  to  the  city  in  and  for  which  be  is  appointed,  in  the  sum  of  ten  thou- 
sand dollars,  with  sureties  to  be  approved  by  said  Board,  conditioned  for 
the  faithful  performance  of  the  duties  of  said  office,  which  said  oath  and 
bond  shall  be  filed  with  the  Clerk  of  said  Board.  Such  Gas  Inspector  shall 
be  entitled  to  a  salary  to  be  fixed  and  allowed  by  said  Board,  which  shall  be 
paid  monthly  out  of  the  General  Fund  of  such  city. 

Sec.  3.  It  shall  be  the  duty  of  such  Inspector,  immediately  upon  his  ap- 
pointment and  qualification  as  such  officer,  as  aforesaid,  to  make  a  careful 
examination  and  inquiry,  by  inspection,  letter,  or  otherwise,  as  to  the  qual- 
ity and  illuminating  power  of  the  gag  furnished  and  used   in  the  principal 

*  Now  Superior  Jueige. 


THE  CONSOLIDATION  ACT.  223 

cities  of  the  United  States,  and  the  prices  charged  therefor,  and  also  the 
comparative  cost  of  the  manufacture  and  supply  of  gas  in  other  cities  of  the 
United  States,  with  the  cost  of  the  manufacture  and  supply  of  the  same  in 
the  city  for  which  he  is  such  Inspector,  and  report  fully  tlie  result  of  such 
examination  and  information  to  said  Board  within  six  months  after  his  ap- 
pointment and  qualification;  and  upon  receiving  such  reports,  said  Board 
shall  proceed  to  fix  and  establish  the  quality  and  standard  illuminating 
power  of  gas  to  be  used  in  such  city,  and  the  maximum  price  to  be  charged 
therefor;  and  such  standard  and  price  may  be  changed  by  said  Board  from 
time  to  time,  not  oftener  than  once  every  year,  as  increased  consumption  or 
other  circumstances  may  in  their  judgment  require. 

Sec.  4.  After  said  Board  shall  have  fixed  and  established  the  quality 
and  illuminating  power,  and  the  price  of  gas,  as  hereinbefore,  it  shall  be 
the  duty  of  such  Inspector  to  examine  and  inspect,  from  time  to  time,  at 
least  once  every  week,  without  notice  to  the  person,  company  or  corporation 
furnishing  the  same,  the  quality  and  illuminating  power  of  the  gas  furnish- 
ed to  such  city  and  the  inhabitants  thereof,  and  in  case  the  same  shall  fall 
below  the  standard  fixed  by  said  Board,  the  said  Inspector  shall  forthwith 
report  the  same  to  said  Board;  and  at  such  other  times  as  he  may  be 
requested  thereto  by  the  Mayor  or  any  committee  of  said  Board,  he  shall 
report  to  said  Board  u]pon  any  and  all  matters  connected  with  the  manufac- 
ture, supply,  and  consumption  of  gas  coming  within  the  scope  of  his  ofiicial 
duties,  and  specially  upon  any  subject  or  subjects,  matters  or  things  con- 
nected therewith  and  specified  in  such  request. 

Sec.  5.  After  said  Board  shall  have  fixed  and  established  the  quality  and 
standard  illuminating  power  of  the  gas,  and  the  price  per  thousand  cubic 
feet,  as  in  this  Act  provided  to  be  charged  therefor,  it  shall  be  unlawful  for 
any  person,  company,  or  corporation  to  furnish  to  such  city,  or  any  inhabi- 
tant thereof,  or  any  person  therein,  for  illuminating  purposes,  gas  of  a  lower 
standard  or  quality,  or  to  charge  or  receive  therefor  a  higher  price  than  is 
provided  by  said  Board,  under  the  authority  and  subject  to  limitations  of 
this  Act;  and  for  every  violation  of  the  provisions  of  this  Act,  or  the  pro- 
visions of  any  order,  resolution,  or  ordinance  of  said  Board  made  in  pursu- 
ance thereof  every  such  person,  company,  or  corporation  shall  incur  a  penalty 
of  not  less  than  one  hundred  nor  more  than  one  thousand  dollars,  to  be  re- 
covered in  a  civil  action  in  the  name  and  for  the  use  of  such  city,  in  any  Court 
of  competent  jurisdiction;  and  each  day  upon  which  such  person,  company^ 
or  corporation  shall,  without  reasonable  cause  or  excuse  therefor,  furnish  gas 
of  a  lower  quality  or  standard  illuminating  power  than  that  fixed  by  said 
Board,  shall  constitute  and  be  considered  and  held  one  violation  thereof,  and 
each  month  or  shorter  period  for  which  said  person,  company,  or  corporation 
shall  take  an  account  of  gas  consumed,  and  for  which  they  shall  charge  or 
receive  a  price  greater  than  that  fixed  by  said  Board,  shall  be  held  and  re- 
garded as  one  offense,  and  any  number  of  such  off"enses  of  either  class,  or 


224  THE  CONSOLIDATION  ACT. 

both,  may  be  joined  in  the  same  action,  and  the  several  penalties  for  the 
several  violations  proved  or  confessed  in  said  action  may  be  united  and  re- 
covered in  the  same  judgment;  and  such  person,  company,  or  corporation 
shall  also  be  liable  to  such  city  and  to  any  and  each  person  or  corporation 
■who  shall  be  injured  by  any  such  violation,  in  double  the  amount  of  damages 
actually  sustained. 

Seo.  G.  All  actions  for  penalties  under  the  provisions  of  this  Act  shall  be 
tried  by  the  Court,  unless  a  jury  be  demanded  by  either  party;  and  when 
such  action  shall  be  tried  by  a  jurj',  the  jury  shall  find,  as  to  each  violation 
charged  in  the  complaint,  that  "the  defendant  is  guilty,"  or  "the  defend- 
ant IS  not  guilty;"  and  upon  each  charge  in  respect  to  which  the  jury  has 
has  found  the  defendant  guilty,  the  Court  shall  fix  the  penalty,  and  render 
judgment  for  the  aggregate  amount  of  such  penalties,  together  with  costs  o* 
suit . 

Sec.  7.  All  penalties  recovered  under  this  Act  ahalU  be  paid  into  the 
General  Fund  of  such  city. 

Sec.  8.  This  Act  shall  apply  to  the  City  and  County  of  San  Francisco,  as 
well  as  to  cities  whose  municipal  government  is  distinct  from  the  county  in 
which  they  are  located. 

Sec.  9.     This  Act  shall  take  efifect  immediately. 


SUPPLEMENT    C. 

1877-8,  820. 

An  Act  to  define  the  i^oioers  of  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco,  with  reference  to  contracts. 

[Approved  March  9,  1S78.J 

The  Peojjle  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows : 

Section.  1.  Advertisements  published  by  order  of  the  Board  of  Supervi- 
sors of  the  City  and  County  of  San  Francisco,  calling  for  bids,  shall  be 
published  in  three  daily  papers  (including  the  official  paper)  ,  for  a  period 
not  less  than  five  days.  All  bids  shall  be  received  under  such  guarantees, 
or  deposits  of  money,  and  subject  to  such  conditions  as  the  Board  of  Super- 
visors may  prescribe. 

Sec.  2.     Contracts  shall  be  awarded  to  the  lowest  bidder. 

Sec.  3.  If,  for  any  cause,  the  said  Board  of  Supervisors  reject  the  lowest 
bid,  the  said  Board  shall  re-advertise  for  proposals  de  novo. 

Sec.  4.     This  Act  to  take  efiect  on  the  sixtieth  day  after  its  passage. 


THE  CONSOLIDATION  ACT.  225 


SUPPLEMENT     CI 


1877-8,  231. 

An  Act  to  confer  additional  powers  upon4he  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco. 

[Approved  March  12,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  is  hereby  authorized  and  empowered  to  fill  and  grade  to  the  offi- 
cial grade,  as  now  or  hereafter  established  by  said  Board,  and  macadamize 
and  culvert  that  portion  of  Seventh  Street,  in  said  City  and  County,  lying 
between  the  northerly  line  of  King  Street  and  the  southerly  line  of  Santa 
Clara  Street;  also  the  intersection  of  Santa  Clara  Street  with  Pennsylvania  Av- 
venue,  and  such  other  portion  of  Pennsylvania  Avenue  as  to  said  Board  shall 
seem  necessary  and  useful;  also  such  portion  of  Santa  Clara  Street  running 
easterly  from  Seventh  Street  as  to  said  Board  shall  seem  necessary  and  useful 
for  travel  and  the  interest  and  convenience  of  the  public;  said  filling,  grad- 
ing, macadamizing,  and  culverting  may  be  commenced,  prosecuted,  and  com- 
pleted without  unnecessary  delay  after  the  i^assage  of  this  Act,  and  not- 
withstanding the  protests  of  any  or  all  the  property  owners  affected  thereby, 
or  liable  to  be  assessed  therefor. 

Sec.  2.  The  said  Board  of  Supervisors  is  also  hereby  authorized  and  em- 
powered to  establish,  without  unnecessary  delay,  such  an  official  grade  on 
and  for  said  Seventh  Street,  between  the  southerly  line  of  Bryant  Street  and 
the  southerly  line  of  Santa  Clara  Street,  and  also  on  said  Santa  Clara 
Street  and  Pennsylvania  Avenue,  and  on  the  streets,  alleys,  and  places  in- 
tersecting said  Seventh  and  Santa  Clara  Streets  and  Pennsylvania  Avenue, 
as  to  said  Board  may  seem  proper,  and  may  grade  and  improve  the  same,  or 
any  portion  thereof,  to  such  official  grade,  notwithstanding  the  protests  of 
any  or  all  property  owners  liable  to  be  assessed  therefor. 

Sec.  3,     The  Board  of  Supervisors  may,  without  any  petition  whatsoever 

on  the  part  of  any  person  or  persons,  commence,  prosecute,  and  complete  the 

work  contemplated  in  sections  one  and  two  of  Ihis  Act,  and  pass  all  orders 

and  i-esolutions,  and  do  all  things  in  connection  therewith,  as  may  be  neces- 

15 


226  THE  CONSOLIDATION  ACT. 

sary  to  commence,  prosecute,  and  speedily  complete  said  work,  in  such  a 
manner,  and  with  such  materials  as  to  said  Board  shall  seem  proper;  and, 
for  the  purpose  of  carrying  out  the  objects  and  intentions  of  this  Act,  all 
laws.  Acts,  and  parts  of  Acts  in  force  at  the  time  of  the  passage  of  this  Act, 
not  inconsistent  therewith,  or  any  of  the  provisions  thereof,  regulating  or 
providing  for  the  improvement,  grading,  and  macadamizing  of  public  streets 
and  highways  in  the  city  and  county  of  San  Francisco,  and  the  levying, 
assessing,  and  collection  of  assessments  for  the  improvement,  grading,  and 
macadamizing  of  such  streets  and  highways  are  hereby  made  apphcable  to 
this  Act. 

Sec.  4.  The  said  Board  of  Supervisors  shall  demand  and  receive  from  the 
Board  of  Seventh  Street  Commissioners  of  said  city  and  county  (which 
Board  of  Commissioners  was  created  by  an  Act  of  the  Legislature  of  the 
State  of  California,  entitled  an  Act  to  open  and  establish  a  public  street  in 
the  City  and  County  of  San  Francisco,  to  be  called  Seventh  Street,  to  take 
private  lands  therefor,  and  to  grade,  macadamize,  and  improve  a  portion  of 
Seventh  Street,  and  to  construct  a  bridge  thereon,  approved  April  third, 
eighteen  hundred  and  seventy-six)  all  books,  papers,  maps,  diagrams,  and 
other  property  and  data  in  the  possession  of  said  Board  of  Commissioners 
connected  with  said  Seventh  Street,  and  when  so  received  shall  use  the  same 
for  the  purposes  of  this  Act  iu  doing  said  work,  so  far  as  the  same  can  be 
made  useful  or  applicable  thereto,  and  the  said  Board  of  Commissioners 
shall,  on  demand,  deliver  all  such  books,  papers,  maps,  diagrams,  property, 
and  data  over  to  said  Board  of  Supervisors. 

Sec.  5.  The  said  Board  of  Supervisors  are  hereby  further  authorized  and 
empowered  to  construct  a  draw-bridge  of  such  capacity,  dimensions,  and  ma- 
terials as  to  said  Board  shall  seem  proper,  across  Channel  Street,  as  laid 
down  upon  the  latest  official  map  of  said  city  and  county,  extending  from 
the  northerly  line  of  said  Channel  Street,  where  Seventh  Street  intersects  the 
same,  to  tbe  southerly  line  of  Channel  Street,  where  Seventh  Street  inter- 
sects the  same,  said  bridge  to  be  a  free,  public  bridge,  and  to  be  suitable  for 
all  traveling  purposes.  And  all  cost  and  expenses  for  constructing  and 
maintaining  the  same  shall  be  paid  out  of  the  General  Fund  of  the  treasury 
of  said  City  and  County  of  San  Francisco,  and  the  space  required  for  said 
bridge  is  hereby  excepted  from  the  operation  of  sections  one,  two,  three,  and 
four  of  this  Act. 

Sec.  6.  All  Acts  and  parts  of  Acts  conflicting  with  the  provisions  of  this 
Act  are  hereby  repealed. 

Sec.  7.     This  Act  shall  take  effect  immediately. 


THE  CONSOLIDATION  ACT.  227 


SUPPLEMENT     CII. 
1877-8,  232. 


An  Act  to  establish  the  grade  of  Seventh  Street  between  Bryant  and 
Brannan  Streets,  in  the  City  and  County  of  San  Francisco. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section.  1.  The  grade  of  Seventh,  on  the  south  line  of  Bryant  Street, 
shall  be  established  at  nine  feet  above  base,  and  decline  therefrom  on  a  uni- 
form grade  towards  Brannan  Street  a  distance  of  four  hundred  and  seventy- 
five  feet,  at  which  point  it  shall  be  seven  feet  above  base,  and  from  the  said 
point  it  shall  decline  uniformly  to  the  north  line  of  Brannan  Street  as  already 
established,  and  the  grade  as  established  by  this  Act  shall  be  the  official 
grade  of  Seventh  between  Bryant  and  Brannan  Streets  until  said  grade  shall 
be  changed  as  by  law  provided. 

Sec.  2.  All  Acts  or  parts  of  Acts  that  are  in  conflict  with  the  provi- 
sions of  this  Act,  for  the  purposes  of  this  Act,  are  hereby  repealed. 

Sec.  3.     This  Act  shall  be  in  force  and  effect  from  and  after  its  passage. 


SUPPLEMENT     CIII. 
1877-8,  233. 


An  Act  to  amend  an  Act  entitled  an  Act  to  establish  and  mai)ifain  a 
training  shij)  in  the  City  and  County  of  San  Francisco,  ap- 
proved February  fifteenth,  eighteen  hundred  and  seventy-six. 

(Approved  March  13,  1878.] 

The  People  of  (he  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  folloics: 

Section  1,     Section  five  of  an  Act  entitled  an  Act  to  establish  and  main- 


228  THE  CONSOLIDATION  ACT. 

tain  a  training  ship  in  the  City  and  and  County  of  Sau  Francisco,  approved 
February  fifteenth,  eighteen  hundred  and  seventy-six,  is  amended  to  read  as 
follows:  Section  5.  The  Board  of  Supervisors  of  said  city  and  county  is 
hereby  authorized  and  required  to  direct  to  be  paid  out  of  the  General  Fund 
of  said  city  and  county,  for  the  support  and  maintenance  of  said  training 
ship,  a  sum  not  exceeding  twenty-five  thousand  dollars  per  annum,  and 
an  additional  sum  of  twenty-five  thousand  dollars  per  annum  is  hereby 
appropriated  out  of  the  State  treasury  for  the  support  and  maintenance  of 
said  training  ship,  and  the  State  Controller  is  hereby  required  to  draw  his 
warrant  in  favor  of,  and  the  State  Treasurer  to  pay  to  the  City  and  County 
of  San  Francisco  the  said  sum  of  twenty-five  thousand  dollars  per  annum, 
for  the  purposes  aforesaid,  and  the  Auditor  of  said  City  and  County  is  here- 
by required  to  audit  all  claims  passed  by  said  Board  in  pursuance  of  the 
provisions  of  this  Act,  and  the  Treasurer  of  the  said  city  and  county  is 
hereby  directed  to  pay  the  same. 

Seo.  2.  The  said  Board  of  Supervisors  shall  provide  accommodations 
on  said  training  ship  for  not  less  than  two  hundred  boys  at  all  times,  and 
shall  provide  officers  and  instructors  sufficient  for  their  government. 

Sec.  3.  Of  the  total  number  of  boys  provided  for  by  this  Act  one  hun- 
dred may  be  admitted  from  the  City  and  County  of  San  Francisco  and  one 
hundred  from  the  other  counties  of  the  State  of  California,  as  may  be  deter- 
mined by  an  Advisory  Board  provided  for  in  the  next  succeeding  section  of 
this  Act. 

Sec.  4.  An  Advisory  Board,  consisting  of  three  members,  to  serve  with- 
out compensation,  shall  be  appointed  by  the  Governor  of  the  State,  at  his 
earliest  convenience  after  the  passage  of  this  Act,  to  which  Board  a  report 
shall  be  made  quarterly  of  the  condition  and  operation  of  said  training  ship, 
by  said  standing  committee  of  said  Board  of  Supervisors.  It  shall  be  the 
duty  of  said  Advisory  Board  to  inspect  said  training  ship  from  time  to  time  as 
may  be  necessary,  and  to  make  such  apportionment  and  such  changes 
in  the  nitmber  of  boys  apportioned  to  each  county  (the  County  of  San  Fran- 
cisco excepted)  as  may  be  found  necessary  to  secure  to  the  several  counties 
of  the  State  the  full  number  of  boys  herein  provided  for.  The  population 
of  each  county  shall  form  the  basis  of  said  apportionment. 

Sec.  5.  This  Act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


THE  CONSOLIDATION  ACT.  229 


SUPPLEMENT    CIV 


An  Act  to  ascertain  the  amount  and  provide  for  the  payment  of 
damages  done  to  St.  Francis'  Church  property,  in  the  City  and 
County  of  San  Francisco,  by  changing  the  grade  of  Montgom- 
ery Avenue  in  said  city  and  county. 

[Approved  March  15,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 


Section  1.  The  City  and  County  of  San  Francisco  shall  be  liable  to  the 
congregation  of  St.  Francis'  Church,  in  said  city  and  county,  for  all  dama- 
ges to  the  church  building  and  property  of  said  congregation,  by  reason  of 
the  loweripg  of  the  grade  of  Montgomery  Avenue  and  Vallejo  Street,  in 
pursuance  of  an  Act  entitled  an  Act  to  change  and  modify  the  grade  and  to 
provide  for  the  grading  and  regradiug  of  certain  portions  of  Montgomery 
Avenue,  and  of  certain  portions  of  certain  streets  intersecting  Montgomery 
Avenue,  in  the  City  and  County  of  San  Francisco,  approved  April  third, 
eighteen  hundred  and  sevonty-six.  Such  damages  shall  be  assessed  and 
paid  in  the  manner  hereinafter  provided. 

Sec.  2.  The  Mayor,  the  City  and  County  Surveyor,  and  the  Superintend- 
ent of  Public  Streets,  Highways  and  Scxuares  of  said  city  and  county  are 
hereby  appointed  Commissioners  to  ascertain  and  assess  said  damages.  As 
soon  as  practicable  after  the  passage  of  this  Act  the  Commissioners  shall 
give  notice,  for  the  period  of  ten  days,  by  publication  in  some  newspaper 
published  in  said  city  and  county,  of  a  time  and  place  at  which  they  will 
meet  for  the  purposes  of  hearing  evidence  in  regard  to  the  damages.  At  the 
time  and  place  specified  in  the  notice,  or  at  some  other  time  and  place  of 
which  previous  notice  shall  have  been  given  as  above  provided,  the  Com- 
missioners, or  a  majority  of  them,  shall  meet  and  proceed  to  hear  such  evi- 
dence as  may  be  brought  before  them,  and  the  hearing  may  bo  adjourned 
from  time  to  time  without  further  notice.  All  persons  interested  in  the 
proceedings  may  appear  before  the  Commissioners  and  introduce  evidence. 
The  Commisioners  shall  include  in  their  estimate  of  damages  the  cost  of  any 
changes  and  alterations  made  or  to  be  made  in  or  about  said  building,  so  far 


230  THE  CONSOLIDATION  ACT. 

as  such  changes  and  alterations  may  appear  to  them  necessary  or  proper  by 
reason  of  the  lowering  of  the  grade  as  aforesaid.  In  order  to  enable  them 
to  determine  the  cost  of  changes  and  alterations  to  be  afterwards  made,  they 
shall  be  furnished  with  plans,  drawings,  and  estimates  by  one  or  more  com- 
petent architects. 

Sec.  3.  After  hearing  the  evidence  the  Commissioners  shall  assess  and 
award  such  damages  as  they  may  deem  to  be  just  and  reasonable,  including  the 
cost  of  changes  and  alterations  as  aforesaid,  and  shall  make  a  written  report 
thereof  to  the  Board  of  Supervisors  of  said  city  and  countj',  stating  the  amount 
of  the  damages  and  the  cost  of  the  proceediiags.  On  receiving  said  report  the 
Board  of  Supervisors  shall  make  an  order  referring  to  the  report  and  direct- 
ing the  payment  of  such  damages  and  cost,  the  amount  of  which  shall  be 
stated  in  the  order.  Said  order  need  not  be  published  or  approved  by  the 
Mayor.  A  certified  copy  of  said  order  shall  be  presented  to  the  Auditor  of 
said  city  and  county,  who  shall  thereupon  draw  his  warrant  on  the  Treasurer 
for  the  amount  of  the  damages  and  cost,  as  stated  in  the  order.  The  war- 
rant shall  be  drawn  in  favor  of  Joseph  S.  Alemany,  or  some  other  person 
authorized  to  act  for  and  represent  said  congregation,  and  shall  be  jDaid  by 
the  Treasurer,  out  of  the  General  Fund,  in  gold  coin  of  the  United  States. 

Sec.  4.  The  acts  to  be  performed  by  the  Commissioners  as  aforesaid  may 
be  performed  by  any  two  of  them,  and  each  of  the  Commissioners  shall  re- 
ceive a  reasonable  compensation  for  his  services,  to  be  fixed  by  the  Board  of 
Supervisors,  and  paid  out  of  the  General  Fund,  upon  the  wan-ant  of  the 
Auditor. 

Sec.  5.  If  the  changes  and  alterations  in  or  about  said  building  should 
require  the  use  of  a  portion  of  the  sidewalk  on  Vallejo  Street  for  the  erec- 
tion of  steps,  platforms,  or  other  like  purposes,  the  right  to  the  use  of  the 
same  is  hereby  granted  to  the  extent  of  six  feet  in  width  on  the  northerly 
side  thereof,  in  front  of  said  building,  such  right  to  continue  for  the  period 
of  twenty  years. 

Sec.  6.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 


THE  CONSOLIDATION  ACT.  231 

SUPPLEMENT     CV. 

1877-8,  270. 


An  Act  to  coiifer  additional  poxoers  on  the  Board  of  Siqwrvisors  of 
the  City  and  County  of  San  Francisco,  to  provide  for  the 
opening  of  Army  Street,  and  the  condemnation  of  private 
property  therefor. 

[Approved  March  lf>,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered: 

First — To  receive  and  accept  from  the  owners  or  claimants  of  the  lots  and 
lands  lying  contiguous  to  "  Precita  Creek,"  from  the  old  San  Jose  road  to 
the  San  Bruno  road  of  said  city,  a  deed  or  deeds  of  a  tract  of  land,  not  less 
than  sixty-four  feet  in  width  and  without  abrupt  curves  or  short  angles,  to 
be  located  on  a  line  to  be  located  by  and  to  be  satisfactory  to  said  Board  of 
Supervisors,  for  the  construction  of  a  sewer  therein  and  for  the  purposes  of 
a  public  street. 

Second — The  Board  of  Supervisors  are  hereby  authorized  and  empowered 
to  acquire  (by  purchase,  for  such  consideration  as  to  said  Board  shall  seem 
reasonable, )  any  of  the  lots  or  lands  hereinbefore  described,  for  the  purposes 
of  said  sewer  and  street,  as  cannot  be  acquired  by  voluntary  gift  or  donation, 
and  to  order  payment  of  such  considerations  out  of  the  General  Fand  of  the 
treasury  of  said  city  and  county.     " 

Third — For  the  purpose  of  acquiring  title  to  all  such  portions  of  said  lots 
and  lands  as  may  not  be  acquired  under  the  provisions  of  the  first  and  sec- 
ond subdivisions  of  this  section,  the  said  Board  of  Supervisors  aro  hereby 
authorized  and  required  to  causae  the  same  to  be  condemned  and  appropri- 
ated to  public  uses  for  the  purposes  of  said  sewer  and  street;  the  Mayor, 
Assessor,  and  Surveyor  of  said  city  and  county  are  hereby  appointed  and 
constitute  Commissioners,  with  power  to  ascertain  and  determine  the  value 
of  the  lands  and  the  sums  to  be  jiaid  therefor  to  the  owners  thereof;  in  case 
of  a  vacancy  in  said  Commission,  by  reason  of  any  member  thereof  being 
disqualified  from  acting,  or  for  other  cause,  the  County  Judge  of  said  city 
and  county  shall  fill  such  vacancy  by  appointment  of  some  competent  and 
disinterested  person.  The  moneys  to  be  paid  for  any  lauds,  under  the  pro- 
visions of  this  Act,  must  be  paid  out  of  the  General  Fund  of  the  treasury  of 
said  city  and  county.  The  said  proceedings  to  acquire  title  to  lands,  except 
as  herein  otherwise  provided,  must  conform  to  the  provisions  of  the  "Act 


232  THE  CONSOLIDATION  ACT. 

approved  April  first,  eighteen  hundred  and  seventy-two,"  entitled  an  Act  to 
open  and  establish  a  public  street  in  the  City  and  County  of  San  Francisco, 
to  be  called  Montgomery  Avenue,  and  take  private  lands  therefor,  and  to  the 
provisions  of  any  other  Act  passed  at  the  present  session  of  the  Legislature, 
detining  tlie  powers  of  said  Board  of  Supervisors,  which  are  hereby  made 
applicable  to  this  Act,  so  far  as  the  same  are  not  inconsistent  therewith. 

Fourth — The  said  Board  of  Supervisors  are  hereby  authorized  and  required, 
under  such  rules  and  regulations  as  they  may  prescribe,  to  sell  at  public 
auction,  to  the  highest  and  best  bidders,  all  of  Serpentine  Avenue  running 
from  the  old  San  Jose  road  to  the  San  Bruno  road,  except  such  portions  thereof 
as  may  be  required  for  the  purposes  of  said  sewer  and  street  herein  provided 
for.  The  lands  so  offered  for  sale  shall  first  be  surveyed  and  subdivided  into 
lots,  conforming  as  near  as  may  be  practicable  in  form  and  size  to  the  lots 
next  contiguous  thereto.  Streets,  in  conformity  to  and  connecting  with  the 
streets  laid  down  upon  the  official  plan  of  said  city,  shall  be  reserved  and 
dedicated  to  public  use.  A  deed  from  the  Mayor  of  said  city  and  county, 
executed  to  the  purchaser  of  any  lot,  after  full  payment  therefor  shall  have 
been  made,  shall  vest  the  title  of  such  lot  in  said  purchaser.  The  proceeds  of 
said  sales  shall  be  paid  into  the  General  Fund  of  the  treasury  of  said  city  and 
county.  The  said  Commissiioners  shall  receive  for  their  services  such  com- 
pensation as  the  Board  of  Supervisors  may  allow.  Whenever  the  said  city  and 
county  shall  have  acquired  the  lands  herein  mentioned,  for  said  sewer  and 
street,  the  said  Board  of  Supervisors  are  authorized  to  open  and  improve  said 
street,  and  construct  said  sewer  of  such  material  and  of  such  capacity  as  said 
Board  may  determine,  and  are  aiithorized  to  appropriate,  allow,  and  order 
paid  out  of  the  General  Fund  such  sums  as  may  be  necessary  for  said  pur- 
poses, also  for  all  contracts  for  the  necessary  surveys. 

Sec.  2.     All  of  Serpentine  Avenue  lying  between  the  old   San  Jose  road 
and  San  Bruno  road  is  hereby  vacated  as  a  public  street  or  highway. 

Sec.  3.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT     CVI 

1877-8,  280. 


An  Act  to  increase  the  appropriation  for  the  support  of  the  Hospital 
and  Alms-house  in  the  City  and  County  of  San  Francisco, 
etc. 

[Approved  March  16,  1878.] 

Tlie  People  of  the  State  of  California,  represented  «i  Senate  and  Assembly,  do 

enact  as  follows: 
Section  1.     The  Board  of  Supervisors  of  the  City  and   County  of  San 
Francisco  are  hereby  authorized  and   empowered  to  appropriate,  allow,  and 


THE  CONSOLIDATION  ACT.  233 

order  paid  out  of  tho  General  Fi;nd  the  several  sums  of  money  hereinafter 
mentioned,  to  wit: 

First.  To  expend  a  sum  not  exceeding  fifteen  thousand  dollars  per 
month  for  the  support,  care,  and  maintenance  of  such  persons  as  may  be 
admitted  to  the  City  and  County  Hospital  and  Alms-house,  which  shall  be 
in  lieu  of  all  sums  now  authorized  by  law  to  be  expended  for  such  purposes. 

Second.     [  Obsolete .  ] 

Seo.  2.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 


SUPPLEMENT     CVII, 
1877-8,  329. 


An  Act  to  estahliah  and  maintain  free  public  librarie.-i  and  reading- 

7'ooms. 

[Approved  March  18,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows. • 

Section  1.  The  Boards  of  Supervisors  of  the  City  and  County  of  San 
Francisco,  and  the  municipal  authorities  of  the  several  incorporated  cities 
and  towns  of  this  State,  are  authorized  to  levy  and  collect,  as  in  other  cases, 
annually,  a  tax,  not  to  exceed  one  mill  on  the  dollar,  for  the  purpose  of  es- 
tablishing in  such  cities  and  towns,  respectively,  free  public  libraries  and 
reading-rooms,  and  purchasing  or  leasing  such  real  and  personal  property, 
books,  journals,  and  other  publications,  and  erecting  such  buildings  as  may 
be  necessary  therefor. 

Sec.  2.  The  municipal  authorities,  respectively  (except  as  hereinafter 
otherwise  provided),  in  their  respective  cities  and  towns,  may  appoint  such 
Trustees  (not  exceeding  seven),  and  such  other  officers  and  assistants  as 
may  be  necessary  to  carry  into  effect  the  provisions  of  this  Act;  they  may 
declare  and  fix  the  terms  of  office  (not  exceeding  four  years)  of  all  such 
Trustees,  oflicers,  and  assistants,  and,  at  their  pleasure,  on  the  request  of  a 
majority  of  the  Trustees,  may  remove  any  from  ofiice,  and  fill  vacancies; 
they  may  fix  the  salaries  of  all  officers  and  assistants,  except  the  Trustees, 
who  shall  serve  without  salary  or  other  compensation;  and  they  may  make, 
or  may  authorize  the  Trustees  to  make,  such  rules  and  regulations,  and  by- 
laws, as  may  be  necessary  for  the  government  and  protection  of  such  libra- 
ries and  reading-rooms,  and  all  property  belonging  thereto,  or  that  may  be 
loaned,  devised,  bequeathed,  or  donated  to  the  same. 


234  THE  CONSOLIDATION  ACT. 

Sec.  3.  All  money  and  revenue  collected  or  received  by  authority  of  any- 
thing herein  contained  shall  be  known  and  designated  as  the  "  Librar 
Fund,"  and  shall  be  paid  into  the  proper  city  or  town  treasury,  and  there 
kept  separate  and  apart  from  other  funds,  and  bo  drawn  therefrom  as  in 
other  cases  provided,  but  only  to  be  used  and  applied  for  the  purposes 
herein  authorized. 

Sec.  4.  All  property,  real  and  personal,  acquired  by  purchase,  gift, 
devise,  bequest,  or  otherwise,  under  the  provisions  of  or  for  the  purposes 
authorized  by  this  Act,  shall  vest  and  be  and  remain  in  the  proper  city  or 
town,  respectively,  and  may  be  protected,  defended,  and  sued  for,  by  action 
at  law  or  otherwise,  by  such  cities  and  towns,  respectively,  as  in  other 
cases. 

Sec.  5.  The  following  eleven  per^soas,  to  wit:  Geo.  H.  Rogers,  John  S. 
Hager,  Irving  M.  Scott,  Eobt.  J.  Tobin,  E.  D.  Sawyer,  John  H.  Wise,  An- 
drew J.  Moulder,  Louis  Sloss,  A.  S.  Hallidie,  C.  C.  Terrell,  Henry  George, 
and  their  successors,  are  hereby  constituted  and  appointed,  during  good 
behavior,  honorary  Trustees,  without  salary,  of  any  library  and  reading- 
room,  and  of  the  real  and  personal  property  thereunto  belonging,  that  may 
be  established  or  acquired  under  the  provisions  of  this  Act,  in  and  for  the 
City  and  County  of  San  Francisco.  Such  Trustees  shall  meet  for  business 
purposes  on  the  first  Tuesday  of  each  month,  and  at  such  other  times  as 
they  may  appoint,  in  a  place  to  be  provided  for  the  purpose,  and  six  shall 
constitute  a  quorum  for  business.  They  may  appoint  one  of  their  number 
President,  and  they  may  also  elect  a  Secretary,  who  shall  keep  a  record  and 
full  minutes,  in  writing,  of  all  their  proceedings.  The  Secretary  may  certify 
to  such  proceedings,  or  any  part  or  portion  thereof,  under  his  hand,  verified 
by  a  seal  to  be  adopted  and  provided  by  the  Trustees  for  that  purpose. 
Such  Trustees,  by  a  majority  vote  of  all  their  members,  to  be  recorded  in 
the  minutes,  with  ayes  and  noes,  at  length,  shall  have  the  power: 

Fh-st — To  make  and  enforce  all  rules,  regulations,  and  by-laws  necessary 
for  the  administration,  government,  and  protection  of  such  library,  reading- 
room,  and  property. 

Second — To  fill  all  vacancies  that  may  from  any  cause  occur  in  the  Board 
of  Trustees. 

Third — To  remove  any  Trustee  who  may  neglect  to  attend  the  meetings 
of  the  Board,  or  who  may  absent  himself  from  such  meetings,  or,  without 
the  consent  of  the  Board,  from  the  State  for  three  consecutive  months. 

Fourth — To  appoint  and  define  the  powers  and  duties  of  any  and  all 
authorized  ofiicers  and  assistants,  and  at  their  pleasure  remove  the  same. 

Fifth — To  provide  memorial  tablets  and  niches  to  perpetuate  the  memo- 
ries of  those  persons  who  may  make  valuable  donations  to  any  such  library. 

Sixth — By  and  with  the  consent  and  ajjproval  of  the  Board  of  Supervisors 
of  said  city  and  county,  expressed  by  resolution  duly  passed  by  that  body: 
To  determine  the  number  of  ofiicers  and  assistants  to  be  appointed  for  such 
library  ani  reading-room,  and  to  fix  the  salaries  of   such  officers  and  assist- 


THE  CONKOLIDATION  ACT.  235 

ants,  and  of  the  Secretary;  to  purchase  necessary  real  and  personal  property; 
to  lease  and  erect  buildings;  to  order  the  drawing  and  payment  of  money 
from  out  of  the  Library  Fund  for  any  expenditure  or  liability  herein  author- 
ized; and  generally  to  do  all  that  may  be  necessary  to  fully  carry  into  effect 
the  provisions  of  this  Act. 

Sec.  6.  The  Board  jof  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco are  authorized  and  empowered,  by  a  resolution  duly  passed  for  that 
purpose,  to  grant,  donate,  or  authorize  the  use  of,  either  in  whole  or  in 
part,  any  land,  square,  or  other  real  estate  belonging  to  said  city  and 
county,  or  dedicated  to  public  use  therein,  for  the  purpose  of  erecting  and 
maintaining  thereon  a  building  to  be  used  only  for  a  public  library  and 
reading-room  in  and  for  said  city  and  county,  as  in  this  Act  authorized  and 
provided. 

Sec.  7.  The  proprietors,  or  other  competent  authority,  of  any  subscrip- 
tion or  other  library  may,  upon  such  terms  and  conditions  as  shall  be 
agreed  upon  by  them  and  the  municipal  authorities  of  any  incorporated 
city  or  tovn,  except  in  the  City  and  County  of  San  Francisco,  donate  and 
transfer  its  property,  real  and  personal,  to  any  such  city  or  town  for  the 
purpose  of  establishing  and  maintaining  a  public  library  and  reading-room 
within  the  meaning  of  this  Act;  and  as  a  condition,  and  in  consideration  of 
any  such  donation,  such  proprietors  may  at  their  option  nominate  and 
appoint  as  honorary  Trustees,  without  salary,  a  number  equal  to  those 
appointed  or  authorized  to  be  appointed  by  such  municipal  authorities 
respectively  as  in  this  Act  provided.  Such  honorary  Trustees,  by  a  major- 
ity vote,  may  fill  all  vacancies  that  may  occur  in  their  number,  and  they 
respectively  shall  have  an  equal  voice  with  the  other  Trustees  in  the  direc- 
tion, management,  and  control  of  such  librarits  after  such  donation  and 
transfer  shall  be  made  and  accepted. 

Sec.  8.     This  Act  shall  take  effect  immediately. 


SUPPLE  MENTC  VIII. 
1877-8,  333. 

An  Act  supplementary  to  and  amendatonj  of  an  Act  entitled  "An 
Act  to  regulate  and  limit  the  parjment  of  money  out  of  the 
treasury  of  the  City  and  County  of  San  Francisco,"  approved 
February  tioenty-i^i.rth,  eighteen  hundred  and  seventy -eight. 

[Approved  March  18,  1878.] 

The  People  of  the  Slate  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows:  ' 

Section  1.     The  provisions  of  an  Act  entitled  "An  Act  to  regulate  and 
limit  the  payment  of  money  out  of  the  treasurj-  of  the  City  and  County  of 


236  THE  CONSOLIDATION  ACT. 

San  Francisco,"  approved  February  twenty-sixth,  eighteen  hundred  and 
seventy-eight,  are  hereby  suspended  for  and  during  the  months  of  March, 
April,  and  May,  A.  D.  eighteen  hundred  and  seventy-eight,  and  no  longer; 
provided,  that  any  money  expended  for  liabilities  created  or  contracted  for 
during  said  mouths  of  March,  April,  and  May,  in  excess  of  what  is  permit- 
ted by  said  Act,  shall  be  deducted  from  the  amouijt  that  may  be  lawfully 
expended,  or  liability  created  or  contracted  for  during  the  same  fiscal  year, 
in  such  manner  that  at  the  end  of  such  fiscal  year  there  shall  be  no  deficit. 

Sec.  2.  The  provisions  of  said  Act,  from  and  after  the  first  day  of  June, 
A.  D.  eighteen  hundred  and  seventy-eight,  shall  extend  to  and  include  all 
departments  of  the  municipal  government  of  said  city  and  county,  except 
the  New  City  Hall  and  Golden  Gate  Park  Commissioners,  as  to  all  moneys 
expended  or  obligations  created  or  contracted  for  purposes  or  against  funds 
that  by  law  are  authorized  to  carry  on  such  departments  as  running  annual 
expenditures;  and  the  officers,  Directors,  Commissioners,  or  others  having 
the  power  to  make  such  contracts  or  disbursements,  shall  be  liable  to  all  the 
duties,  obligations,  and  penalties  as  to  all  such  funds  and  contracts  and  dis- 
bursements resting  upon  the  Supervisors  and  others  named  in  said  Act  to 
■which  this  is  supplementary. 

Sec.  3.  In  case  of  any  great  public  calamity  or  danger,  such  as  earth- 
quakes, conflagrations,  pestilence,  invasion,  insurrection,  or  other  great  and 
unforeseen  emergency,  the  provisions  of  said  Act  may  be  suspended,  as  to 
any  lawful  contract,  authorization,  or  expenditure  necessary  to  avert,  miti- 
gate, or  relieve  such  evil;  provided,  that  such  expenditure,  contract,  or 
authorization,  shall  be  passed  by  the  unanimous  vote  of  all  the  Supervisors, 
Directors,  Commissioners,  or  other  officers,  and  entered  in  the  journals  and 
approved  by  the  Mayor,  the  Auditor,  and  the  Treasurer,  and  the  notice  of 
the  emergency  must  be  recited  in  the  resohition  authorizing  such  action. 

Sec.  4.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT     CIX 
1877-8,  341. 


An  Act  to  ratify  and  confirm  certain  orders  and  resolutions  of  the 
Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco y  relative  to  street  work  on  Montgomery  Avenue. 

[Approved  March  19,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 
Whereas,  The  City  and  County  of   San  Francisco  has,  through  its  proper 
officers,  from  time  to  time  ordered  street  work  on  Montgomery  Avenue, 


THE  CONSOLIDATION  ACT.  237 

in  said  city  and  county,  and  has  awarded  contracts  for  the  same,  and 
doubts  existing  as  to  the  validity  of  the  orders  and  resolutions  providing 
for  the  same,  therefore,  belt  enacted: 

Section  1.  That  all  orders  and  resolutions  heretofore  from  time  to  time 
passed  by  the  Board  of  Supervisors  of  the  City  and  County  of  San  Francisco, 
in  relation  to  street  work  done  and  being  done,  in  whole  or  in  part,  on  Mont- 
gomery Avenue  in  said  citj^  and  county,  and  all  contracts  and  assessments 
for  such  street  work  made  by  the  Superintendent  of  Public  Streets,  High- 
ways, and  Squares  of  said  city  and  county,  and  all  other  proceedings  under 
and  in  accordance  with  the  provisions  of  such  orders  and  resolutions,  are 
hereby  made  valid,  ratified,  and  confirmed. 

Skc.  2.  All  assessments  for  street  work  done  on  the  crossings  or  spaces 
formed  by  the  junction  or  intersection  of  other  streets  with  said  Montgomery 
Avenue,  and  all  assessments  for  street  work  done  on  the  crossings  or  spaces 
formed  by  the  junction  or  intersection  of  other  streets  or  avenues  which  form 
irregular  or  fractional  blocks,  and  bound  the  same,  and  not  squarely  in 
front  of,  and  not  properly  assessable  to,  lots  fronting  on  such  streets,  shall 
be  made  in  conformity  with  the  principles  prescribed  by  law  in  the  matter  of 
making  assessments  for  similar  work  done  on  Market  Street,  in  said  city  and 
county;  provided,  that  nothing  herein  contained  shall  be  held  to  create  any 
liability  on  the  City  and  County  of  San  Francisco,  except  in  case  of  charges 
against  property  belonging  to  said  city  and  county. 

Sec.  3.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT    CX. 
1877-8,  355. 


An  Act  in  relation  to  the  office  of  Sheriff  of  the  City  and  County  of 

San  Francisco, 

[Approved  March  20, 1878.] 

Tlie  People  of  the  Slate  of  California,  represented  in  Senate  and  AsstmUij,  do 

enact  as  follows: 

Section  1.  In  addition  to  the  deputies  now  allowed  by  law,  the  Sheriff  of 
the  City  and  County  of  San  Francisco  may  appoint  four  deputies— one  to  act 
as  Bailiff  of  the  Probate  Court  of  said  city  and  county,  and  wait  upon  the 
Grand  Jury;  one  to  act  as  Assistant  Bailiff  of  the  Municipal  Criminal  Court 
of  said  city  and  county;  and  two  to  act  as  office  deputies.  Said  deputies 
shall  receive  a  salary  of  one  hundred  and  fifty  dollars  per  month  each. 


238  THE  CONSOLIDATION  ACT. 

Sec.  2.  The  authority  to  appoint  Deputy  Jail-kfispers,  in  the  City  and 
County  of  San  Francisoo,  not  to  exceed  sixteen  in  number,  shall  vest  in  and 
be  exercised  by  the  Sheriff  of  said  city  aud  county.  Said  deputies  shall  re- 
ceive a  salary  not  to  exceed  one  hundred  and  twenty-five  dollars  per  month 
each. 

Skc.  3.  The  said  Sheriff  shall  be  allowed  the  sum  of  one  hundred  and 
fifty  dollars  per  month  to  defray  his  expenses  for  counsel  and  attorney's  fees. 

Sec.  4.  The  salaries  and  moneys  provided  to  be  paid  by  this  Act  shall  be 
paid  by  the  Treasurer  of  the  City  and  County  of  San  Francisco,  out  of  the 
General  Fund  of  said  city  and  county,  upon  the  aud  it  of  the  City  and  County 
Auditor,  who  is  hereby  directed  to  audit  the  salaries  and  moneys  hereby  pro- 
vided. 

Sec.  5.  The  said  Sheriff  may  retain,  out  of  the  moneys  received  by  him 
from  this  State,  for  the  transportation  of  persons  committed  to  the  Asylum 
for  the  Insane,  and  prisoners  delivered  at  the  State  Prison,  the  actual  ex- 
penses incurred  by  him  in  the  transportation  of  said  persons  to  said  institu- 
tions, and  shall  make  a  monthly  report  to  the  Treasurer  of  the  City  and 
County  of  San  Francisco  of  all  moneys  expended  and  received  by  him;  and 
if  any  surplus  remain  of  the  moneys  so  received,  over  and  above  the  actual 
expenses  incurred,  the  same  shall  be  paid  into  said  treasury  monthly. 

Sec.  6.  The  Deputy  Sheriffs  acting  as  Bailiffs  in  the  District  Courts  shall 
receive  a  salary  of  one  hundred  and  fifty  dollars  per  month. 

Sec.  7.  All  Acts  and  parts  of  Acts,  so  far  as  they  may  be  in  conflict  here- 
with, are  hereby  repealed. 

Sec.  8.     This  Act  shall  take  effect  immediately. 


SU  PPLEMENT     CXI 
1877-8,  442. 


An  Act  to  facilitate  and  equalize  the  collection  of  licenses  in  the 
City  and  County  of  San  Francisco. 

[Approved  March  23,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  Every  person,  firm  or  corporation  engaged  in  carrying  on, 
pursiaing,  or  transacting  within  the  Umits  of  the  City  and  County  of  San 
Francisco  any  business,  trade,  profession,  occupation,  or  employment  herein- 
after specified,  shall  pay  licenses  as  is  herein  provided. 

Sec.  2.  Every  person,  firm,  or  corporation  engaged  in  the  business  of 
buying  or  selling  mining  stocks,  bonds,  State,  county,  or  city  stocks,  or  stocks 


THE  CONSOLIDATION  ACT.  239 

of  incorporated  companies,  or  evidences  of  indebtedness  of  private  persons 
or  of  incorporated  companies,  ou  commission  or  otherwise,  shall  pay  licenses 
as  follows: 

First—Those  whose  aggregate  purchases  and  sales  amount  to  three  hun- 
dred and  lifty  thousand  dollars  aud  over  per  quarter,  constitute  the  lirst  class, 
and  shall  pay  a  license  of  fifty  dollars  per  quarter. 

Second — Those  whose  aggregate  purchases  and  sales  amount  to  two  hun- 
drecT  and  fifty  thousand  dollars  and  less  than  three  hundred  and  fifty  thou- 
sand dollars  per  quarter,  constitute  the  second  class,  and  shall  pay  a  license 
of  forty  dollars  per  quarter. 

Third—Those  whose  aggregate  purchases  and  sales  amount  to  one  hun- 
dred and  fifty  thousand  dollars  and  less  than  two  hundred  aud  fifty  thou- 
sand dollars  per  quarter,  constitute  the  third  class,  and  shall  pay  a  license 
of  twenty-five  dollars  per  quarter. 

Fourth — Those  whose  aggregate  purchases  and  sales  amount  to  seventy- 
five  thousand  dollars  and  less  than  one  hundred  and  fifty  thousand  dollars, 
constitute  the  fourth  class,  aud  shall  pay  a  license  of  fifteen  dollars  per 
quarter. 

Fifth — Those  whose  aggregate  purchases  and  sales  amount  to  twenty  thou- 
sand dollars  and  less  than  seventy-five  thousand  dollars  per  quarter,  consti- 
tute the  fifth  class,  and  shall  pay  a  license  of  ten  dollars  per  quarter. 

iSixth — Those  whose  aggregate  purchases  and  sales  amount  to  less  than 
twenty  thousand  dollars  per  quarter,  constitute  the  sixth  class,  and  shall  pay 
a  license  of  five  dollars  per  quarter. 

Seventh — All  licenses  issued  under  the  provisions  of  this  section  [shallj  be 
known  aud  designated  as  "  broker's  license." 

Sec.  3.  All  persons,  firms,  and  corporations  engaged  in  the  business  of 
loaning  money  at  interest,  receiving  deposits,  or  buying  and  selling  gold  and 
silver  coin  or  currency,  or  notes  or  bills  of  exchange,  and  gold  and  silver 
bullion,  shall  be  divided  into  three  classes,  and  shall  pay  licenses  as  follows: 

One — Those  whose  total  receipts  shall  exceed  in  the  aggregate  the  sum  of 
two  millions  of  dollars  per  quarter,  shall  pay  a  license  of  three  hundred  dol- 
lars per  quarter. 

Two — Those  whose  total  receipts  shall  exceed  in  the  aggregate  the  sum  of 
one  million  of  dollars  aud  less  than  two  millions  per  quarter,  shall  pay  a 
license  of  two  hundred  dollars  per  quarter. 

TJiree — Those  whose  total  receipts  shall  be  in  any  amoiiut  under  one  mil- 
lion of  dollars  per  quarter,  shall  pay  a  license  of  one  hundred  dollars  per 
quarter. 

Four — All  licenses  issued  under  the  provisions  of  this  section  shall  be 
known  and  designated  as  "banker's  license." 

Sec.  4.  Every  person  who,  at  any  fixed  place  of  business,  sells  any  goods, 
wares,  or  merchandise,  ou  commission  or  otherwise  (except  agricultural  or 
vinicultural,  productions  of  any  stock,  dairy,  or  poultry  farm  of  this  State, 


240  THE  CONSOLIDATION  ACT. 

when  sold  bj'  the  producer  thereof,  aud  except  such  as  are  sold  by  auction- 
eers at  public  sale  under  license)  shall  pay  licenses  as  follows: 

Firsl — Those  whose  aggregate  sales  amount  to  five  hundred  thousand  dol- 
lars and  over  per  quarter,  constitute  the  first  class,  and  shall  pay  a  license  of 
two  hundred  and  fifty  dollars  per  quarter. 

Second — Those  whose  aggregate  sales  amount  to  three  hundred  thousand 
dollars  and  less  than  five  hundred  thousand  dollars  per  quarter,  constitute 
the  second  class,  and  shall  pay  a  license  of  one  hundred  and  fifty  dollars  per 
quarter. 

Third — Those  whose  aggregate  sales  amount  to  two  hundred  thousand  dol- 
lars and  less  than  three  hundred  thousand  dollars  per  quarter,  constitute  the 
third  class,  and  shall  pay  a  license  of  one  hundred  dollars  per  quarter. 

Fourth — Those  whose  aggregate  sales  amount  to  one  hundred  and  twenty- 
five  thousand  dollars  and  less  than  two  hundred  thousand  dollars  per  quar- 
ter, constitute  the  fourth  class,  and  shall  pay  a  license  of  sixty-five  dollars 
per  quarter. 

FiftJi — Those  whose  aggregate  sales  amount  to  seventy-five  thousand  dol- 
lars and  less  than  one  hundred  and  twenty-five  thousand  dollars  per  quar- 
ter, constitute  the  fifth  class,  and  shall  pay  a  license  of  forty  dollars  per 
quarter. 

Sixth — Those  whose  aggregate  [sales]  amount  to  fifty  thousand  dollars  and 
less  than  seventy-five  thousand  dollars  per  quarter,  constitute  the  sixth 
class,  and  shall  pay  a  license  of  twenty-five  dollars  per  quarter. 

Seventh — Those  whose  aggregate  sales  amount  to  thirty  thousand  dollars 
and  less  than  fifty  thousand  dollars  per  quarter,  constitute  the  seventh  class, 
and  shall  pay  a  license  of  eighteen  dollars  per  quarter. 

Eighth — Those  whose  aggregate  sales  amount  to  twenty  thousand  dollars 
and  less  than  thirty  thousand  dollars  per  quarter,  constitute  the  eighth  class, 
and  shall  pay  a  license  of  twelve  dollars  per  quarter. 

Ninth — Those  whose  aggregate  sales  amount  to  ten  thousand  dollars  and 
less  than  twenty  thousand  dollars  per  quarter,  constitute  the  ninth  class, 
and  shall  pay  a  license  of  seven  dollars  per  quarter. 

Tenth — Those  whose  aggregate  sales  amount  to  five  thousand  dollars 
and  less  than  ten  thousand  dollars  per  quarter,  constitute  the  tenth  class, 
and  shall  pay  a  license  of  five  dollars  per  quarter. 

Eleventh — Those  whose  aggregate  sales  amount  to  fifteen  hundred  dollars 
and  less  than  five  thousand  dollars  per  quarter,  constitute  the  eleventh  class, 
and  shall  pay  a  license  of  three  dollars  per  quarter. 

Tioelfth — Those  whose  aggregate  sales  amount  to  six  hundred  dollars  and 
less  than  fifteen  hundred  dollars  per  quarter,  constitute  the  twelfth  class, 
and  shall  pay  a  license  of  one  dollar  per  quarter. 

Thirteenth — Those  whose  aggregate  sales  amount  to  less  than  six  hundred 
dollars  per  quarter  shall  not  be  required  to  pay  a  license;  provided,  that 
no  person  shall  be  entitled  to  this  exemption  unless  he  files  with  the  License 
Collector,  every  three  months,  a  sworn  statement  of  the  amount  of  his  sales. 


THE  CONSOLIDATION  ACT.  241 

All  licenses  issued  under  the  provisions  of  this  section  shall  be  knowh  and 
designated  as  •'  merchandise  license." 

Sec.  4.  Every  person  who  sells  spirituous,  or  malt,  or  fermented  liquors 
or  wines,  in  less  quantities  than  one  quart,  shall  be  known  as  a  "retail 
liquor  dealer, "  and  shall  pay  license  as  follows: 

Fi7-st — Those  making  sales  to  the  amount  of  fifteen  thoasand  dollars  and 
over  per  quarter,  shall  pay  a  license  of  forty  dollars  per  quarter. 

Second — Those  making  sales  of  less  than  fifteen  thousand  dollars  per  quar- 
ter shall  pay  a  license  of  twenty  dollars  per  quarter;  provided,  that  on  and 
after  January  first,  eighteen  hundred  and  seventy-nine,  no  license  as  a  retail 
liquor  dealer  shall  be  issued  by  the  Collector  of  Licenses,  unless  the  person 
desiring  the  same  shall  have  obtained  the  written  consent  of  a  majority  of 
the  Board  of  Police  Commissioners  of  the  City  and  County  of  San  Francisco 
to  carry  on  or  conduct  said  business;  but  in  case  of  refusal  of  such  consent, 
upon  application,  said  Board  of  Police  Commissioners  shall  grant  the  same 
upon  the  written  recommendation  of  not  less  than  twelve  citizens  of  San 
Francisco  owning  real  estate  in  the  block  or  square  in  which  said  business  of 
retail  liquor  dealer  is,  to  be  carried  on,  or  in  the  four  blocks  or  squares 
bounding  the  same.  All  licenses  issued  under  the  provisions  of  this  section 
shall  be  known  and  designated  as  "  retail  dealer's  license." 

Sec.  G.  Every  person  who  sells  cider,  sarsaparilla,  ginger  pop,  or  soda  or 
mineral  water,  except  from  a  fountain,  in  quantities  of  less  than  one  quart, 
shall,  in  addition  to  the  license  required  to  be  paid,  be  subject  to  the  same 
conditions  and  provisions  contained  in  the  preceding  section. 

Sec.  7.  Every  person  violating  any  of  the  provisions  of  sections  five  and 
six  of  this  Act,  or  falsely  representing  himself  as  being  a  citizen  of  San  Fran- 
cisco and  owning  real  estate  in  the  blocks  or  squares  therein  specified,  shall 
be  guilty  of  a  misdemeanor. 

Sec.  8.     Auctioneers  shall  pay  licenses  as  follows: 

First — Those  whose  sales  amount  to  three  hundred  thousand  dollars  and 
over  per  quarter,  shall  pay  a  license  ot  two  hundred  dollars  per  quarter. 

5'econd— Those  whose  sales  amount  to  one  hundred  and  fifty  thousand  dol- 
lars and  less  than  three  hundred  thousand  dollars  per  quarter,  shall  pay  a 
license  of  one  hundred  dollars  per  quarter. 

Third — Those  whose  sales  amount  to  seventy-five  thousand  dollars  and 
less  than  one  hundred  and  fifty  thousand  dollars  per  quarter,  shall  pay  a 
license  of  fifty  dollars  per  quarter. 

Fourth — Those  whose  sales  amount  to  thirty  thousand  dollars  and  less 
than  seventy-five  thousand  dollars  per  quarter,  shall  pay  a  license  of  twenty- 
five  dollars  per  quarter. 

Fifth— Those  whose  sales  amount  to  fifteen  thousand  dollars  and  less  than 
thirty  thousand  dollars  per  quarter,  shall  pay  a  license  of  ten  dollars  per 
quarter. 
16 


242  THE  CONSOLIDATION  ACT.. 

Sixth — Those  whose  sales  amount  to  fifteen  thousand  dollars  per  quarter, 
shall  pay  a  license  of  five  dollars  per  quarter. 

SeventJi — All  licenses  issued  under  the  provisions  of  this  section  shall  be 
known  and  designated  as  "  auctioneer's  license." 

Seo.  9.  All  keepers  or  owners  of  livery  stables  shall  pay  licenses  as  fol- 
lows: 

First — Those  whose  gross  receipts  from  the  hiring  of  horses  and  carriages 
amount  to  four  thosand  dollars  and  over  per  quarter,  shall  pay  a  license  of 
seven  dollars  per  quarter. 

Second — Those  whose  gross  receipts  from  the  hiring  of  carriages  and 
horses  aujount  to  less  than  four  thousand  per  quarter,  shall  pay  a  license  of 
three  dollars  per  quarter. 

Third — All  licenses  issued  under  the  provisions  of  this  section  shall  be 
known  and  designated  as  "  livery  stable  license." 

Sec.  10.  In  all  cases  where  the  amount  of  license  to  be  paid  by  any  per- 
son, firm,  or  corporation  is  based  upon  or  regulated  by  the  amount  of  sales 
efi"t;cted  or  business  transacted,  siich  person,  firm  or  corporation  shall  ren- 
der a  sworn  statement  to  the  License  Collector  of  the  total  amount  of  sales 
made  or  business  done  by  them  respectively  during  the  three  months  next 
preceding  the  expiration  of  the  last  license,  which  statement  shall  deter- 
mine the  amount  for  which  such  license  shall  be  renewed. 

Sec.  11.  Every  proprietor  or  lessee  of  any  theatre,  concert  hall,  or  of  any 
place  of  amusement,  entertainment,  or  exhibition,  shall  pay  licenses  accord- 
ing to  the  seating  capacity  of  such  theatre,  concert  hall,  or  other  place  of 
amusement,  entertainment,  or  exhibition.     One  seat  is  twenty-two  inches. 

Firat — Those  seating  nine  hundred  and  seventy-five  persons,  or  more, 
shall  pay  a  license,  if  issued  for  one  year,  three  hundred  dollars  per  annum; 
if  for  three  months,  one  hundred  dollars  per  quarter;  if  for  one  month,  fifty 
dollars  per  month;  if  for  one  day,  four  dollars  per  day. 

Second — Those  seating  less  than  nine  hundred  and  seventy-five  persons 
shall  pay  a  license,  for  one  year,  of  two  hundred  dollars;  for  three  months, 
seventy-five  dollars;  for  one  month,  forty  dollars;  for  one  day,  four  dollars. 

Third — All  licenses  issued  under  the  provisions  of  this  section  shall  be 
known  and  designated  as  "  theater  license." 

Sec.  12.  All  Acts  and  parts  of  Acts  in  conflict  with  this  Act  are  hereby 
repealed. 

Sec.  13.     This  Act  shall  take  effect  immediately. 


THE  CONSOLIDATION  ACT.  243 


SUPPLEMENT     CXII 

1877-8,  544. 


An  Act  to  authorize  and  faciliiale  the  repairing  of  streets  and  seicers 
in  the  City  and  County  of  San  Francisco,  in  case  of  urgent 
necessity. 

[Approved  March  27,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  asfolloios: 

Section  1.  In  case  of  urgent  necessity,  the  Superintendent  of  Public 
Streets,  Highways,  And  Squares  is  hereby  authorized  and  required  to  repair 
any  of  the  i^ublic  streets,  sewers,  or  crossings  cornering  thereon,  either  by 
contract  or  otherwise;  and  the  expense  of  the  same  shall  be  paid  out  of  the 
Street  Department  Fund,  in  the  same  manner  as  provided  by  law  for  the 
improvement  of  streets  that  have  been  finally  accepted;  provided,  however, 
that  all  repairs  shall  be  made  to  be  in  uniformity  with  the  work  to  be 
repaired,  and  that  the  repairs  between  two  main  streets  shall  not  exceed  the 
sum  of  one  hundred  dollars,  and  the  repairs  of  any  crossing  shall  not  exceed 
the  sum  of  fifty  dollars;  provided,  the  sum  so  expended  shall  not  exceed  the 
sum  of  one  thousand  dollars  in  any  one  month. 

Sec.  2.  All  Acts  and  parts  of  Acts  in  conflict  with  the  provisions  of  this 
Act  are  hereby  repealed,  except  the  provisions  of  an  Act  entitled  "An  Act  to 
regulate  and  limit  the  payment  of  money  out  of  the  treasury  of  the  City  and 
County  of  San  Francisco,  approved  February  twenty-sixth,  A.  D.  eighteen 
hundred  and  seventy-eight;"  and  also  of  an  Act  supplementary  and  amen- 
datory thereto,  approved  March  eighteenth,  eighteen  hundred  and  seventy- 
eight. 

Sec.  3.    This  Act  shall  take  effect  immediately. 


244  THE  CONSOLIDATION  ACT. 


SUPPLEMENT     CXIII 
1877-8,  556. 


An  Act  to  confer  additional  powers  upon  and  to  authorize  certain 
appropriation  of  money  by  the  Board  of  Supervisors  of  the 
City  and  County  of  San  Francisco. 

[Approved  March  26,  187S.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  1 .  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  appropriate,  allow,  and 
order  paid  the  several  sums  of  money  hereinafter  mentioned,  and  to  exercise 
the  following  powers,  to  wit: 

First — lObsolete.'] 

Second — [Obsolete.'] 

Third— ^Obsolete.] 

Fourth — To  allow  and  order  paid  out  of  the  Special  Fee  Fund  to  the  Col- 
lector of  Licenses  a  salary  not  to  exceed  three  thousand  ($3,000)  dollars  per 
annum. 

Fifth — To  allow  and  order  paid  out  of  the  Special  Fee  Fund  to  the  Clerk 
of  the  Board  of  Supervisors  a  salary  not  to  exceed  three  thousand  six  hun- 
dred ($3,600)  dollars  per  annum. 

Sixth — To  appropriate  a  sum  not  to  exceed  eighty  thousand  ($80,000) 
dollars,  annually,  for  running  expenses,  horse  feed,  repairs  to  apparatus, 
and  for  the  construction  and  erection  of  cisterns  and  hydrants,  and  for  the 
erection  and  repair  of  buildings,  and  other  expenses  of  the  Fire  Department, 
in  lieu  of  the  amount  now  allowed. 

Seventh— To  appropriate,  annually,  a  sum  not  to  exceed  thirty  thousand 
($30,000)  dollars  for  the  purchase  of  horses  and  apparatus  for  the  Fire  De- 
partment, in  lieu  of  the  amount  now  allowed. 

Eighth — To  appropriate  annually  a  sum  not  to  exceed  ten  thousand 
($10,000)  dollars  for  extending  and  repairing  the  fire  and  alarm  and  police 
telegraph,  in  lieu  of  the  amount  now  allowed. 

Ninth — To  grant  to  street  railroad  companies  the  right  to  use  steam 
to  propel  cars  over  such  roads,  or  parts  of  roads,  in  the  suburbs  of 
the  city  and  county,  as  in  the  discretion  of  the  Board  may  be  proper  and 
for  the  public  convenience,  under  such  restrictions  as  contained  in  those 
portions  of  the  Civil  Code  applicable  to  street  railroads;  promded,  that  such 


THE  CONSOLIDATION  ACT.  245 

privileges  shall  only  be  grauted  to  roads  operated  west  of  the  east  line  of 
Larkin  Street  and  west  of  the  east  line  of  Ninth  Street. 

Tenth — To  provide  for  placing  all  moneys  received  and  paid  into  the 
treasury  for  articles  manufactured  at,  or  produce  sold  from  the  Industrial 
School,  House  of  Correction,  Hospital,  and  Alms-house,  to  the  credit  of 
their  respective  funds,  to  be  used  solely  for  the  purposes  of  those  institu- 
tions. 

Eleventh— lO'bsolcU.']  ******* 

The  salary  of  the  Superintendent  of  said  Fire  Alarm  and  Police  Telegraph 
shall  be  fixed  and  determined  by  the  Board  of  Supervisors  of  said  City  and 
County  of  San  Francisco, 

Sec.  2.     This  Act  shall  take  effect  and  "be  in  force  from  and  after  its  pas- 


SUPPLEMENT     CXIV. 
1877-8,  579. 


An  Act  to  establish  and  maintain  a  Free  Dispensary  in  the  City  and 
County  of  San  Francisco. 

[ApproTed  March  27,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  foUotcs  : 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  appropriate  the  sum  of 
twenty-five  hundred  dollars  per  annum,  payable  out  of  the  Urgent  Necessity 
Fund  of  the  said  city  and  county,  said  sum  of  money  to  be  used  for  the  pur- 
chase of  medicines  to  be  dispensed  gratuitously  to  the  indigent  sick  not  in- 
mates of  public  institutions. 

Sec.  2.  The  Auditor  of  the  City  and  County  of  San  Francisco  is  hereby 
directed  and  authorized  to  audit  and  allow,  out  of  the  Urgent  Necessity 
Fund,  the  sum  named  in  preceding  section,  and  to  issue  his  warrants  there- 
for in  favor  of  the  President  of  the  Board  of  Health  of  the  City  of  San 
Francisco,  the  amount  to  be  drawn  quarterly;  the  said  sums  to  be  appropri- 
ated as  the  Board  of  Health  of  the  City  of  San  Francisco  may,  in  their  judg- 
ment, direct,  for  the  pui-pose  of  establishing  one  Free  Medical  Dispensary, 
of  each  established  system  of  medicine,  in  said  city. 

Sec.  3.  The  Board  of  Supervisors  are  also  authorized,  should  they  deem 
it  expedient,  to  furnish  medicine  to  the  indigent  sick  of  the  Magdalen  Asy- 
lum, the  same  to  be  furnished  at  the  City  and  County  Hospital  of  said  city. 

Sec,  4.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 


246  THE  CONSOLIDATION  ACT. 

SUPPLEMENT    CXV. 

1877-8,  G30. 


An  Act  to  ratify  and  confirm  resolution  number  eleven  thousand 
nine  hundred,  new  series,  of  the  Board  of  Supervisors  of  the 
City  and  County  of  San  Francisco. 

[Approved  March  29,  187S.] 

The  People  of  the  State  of  California,  repres'.nted  in  Senate  and  Assembly,  do 

enact  as  folloios: 

Section  1,  Eesolution  number  eleven  thousand  nine  hundred  (new  se- 
ries) of  the  Board  of  Super-visors  of  the  City  and  County  of  San  Francisco, 
vacating  Florida,  York,  Hampshire,  and  Jersey  Streets,  from  Twenty  to 
Twenty-first  Streets,  Columbia  Street  from  Twenty-first  to  Butte  Street,  and 
Shasta  Street  from  Potrero  Avenue  to  Harrison  Street,  and  opening  in  lieu 
thereof  Alabama  Street,  from  Twenty-first  Street  to  Butte  Street,  and  Colum- 
bia Street,  Bryant  Avenue,  York  and  Hampshire  Streets,  from  Twenty-first 
to  Twenty  Streets,  is  hereby  ratified  and  confirmed,  and  said  streets  vacated 
are  hereby  declared  to  be  severally  vacated,  and  said  streets  opened  are 
hereby  declared  to  be  opened  in  accordance  with  the  terms  of  said  resolu- 
tion. 

Sec.  2.     This  Act  shall  take  efi'ect  immediately. 


SUPPLEMENT     CXV I 

1877-8,  630. 


An  Act  providing  for  the  payment  of  certain  salaries  out  of  the 
^'Special  Fee  Fund"  of  the  City  and  County  of  San  Fran- 
cisco. 

[Approved  March  29,  1878.1 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  folloics: 

Section  1.     The  salaries  of  such  Clerks  as  are  now  employed  in  the  differ- 
ent departments  of  the  government  of  the  City  and  County  of  San  Francisco, 


THE  CONSOLIDATION  ACT.  247 

under  authority  of  the  Board  of  Supervisors  of  said  City  and  County,  and 
not  otherwise  provided  for  by  law,  and  which  are  now  paid  out  of  the  "  Ur- 
gent Necessity  Fund,"   may  hereafter  be  allowed  by  said  Board  and  be  au- 
dited and  paid  out  of  the  "  Special  Fee  Fund  "  of  said  City  and  County. 
Sec.  2.     This  Act  shall  take  effect  from  and  after  its  passage. 


SUPPLEMENT     CXVII. 

1877-8,  G82. 

An  Act  to  close  an  unused  street  in  San  Francisco. 

[Approved  JIarch  23, 1S78.1 

T/ie  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Section  1.  The  street  projected  and  delineated  on  the  map  of  the  City 
and  County  of  San  Francisco,  through  the  middle  of  Block  No.  74,  Western 
Addition,  bounded  by  Vau  Ness  Avenue,  Grove,  Franklin,  and  Hayes  Streets, 
and  on  said  map  designated  as  Ivy  Avenue,  never  having  been  open  or  used 
through  said  block,  is  hereby  closed  and  vacated,  so  far  as  it  purports  to  ex- 
tend through  the  same. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT    CXVIII, 

1877-8,  685. 


An  Act  to  provide  for  reorganizing  and  better  7'egidating  the  paid 
fire  department  of  the  City  and  Count i/  of  San  Francisco. 

[Appro\ed  March  28,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  us  follows: 

Section  1.  There  shall  be  a  Board  of  Fire  Commissioners  of  the  City  and 
County  of  San  Francisco,  consisting  of  five  persons  of  good  character  and 
standing,  three  of  whom  shall  be  appointed  by  the  Board  of  Supervisors  of 
the  City  and  County  of  San  Francisco,  one  by  the  Judge  of  the  Municipal 
Criminal  Court  of  said  City  and  County,  and  one  by  the  Judge  of  the 
County  Court  of  said  county;  provided,  that  no  appointment  shall  be  made 


248  THE  CONSOLIDATION  ACT. 

until  the  expiration  of  the  term  of  office  of  the  several  members  of  the  present 
Board  of  Fire  Commissioners,  except  to  fill  vacancies.  The  Board  of  Super- 
visors, the  Judge  of  the  Municipal  Criminal  Court,  and  the  Judge  of  the 
County  Court,  hereinbefore  mentioned,  shall  each  appoint  one  Commissioner 
to  fill  the  vacancies  occurring  on  the  first  Monday  in  December,  A,  D. 
eighteen  hundred  and  seventy-nine,  which  Commissioners  shall  serve  for  the 
term  of  four  years;  and  thereafter  the  vacancies  occurring,  by  expiration  of 
term  of  office,  in  December,  A.  D.  eighteen  hundred  and  eighty-one,  shall  be 
filled  by  appointment  of  two  Commissioners  by  the  Board  of  Supervisors  of 
said  City  and  County  to  serve  for  the  term  of  four  years,  and  thereafter  the 
appointment  of  Commissioners  shall  be  in  the  manner  hereinbefore  men- 
tioned. They  shall  be  citizens  of  the  United  States,  and  who  shall  have  been 
residents  of  said  City  and  County  for  at  least  two  years  previous  to  their  ap- 
pointment as  such  Commissioners;  and  the  persons  so  appointed  shall, 
before  entering  upon  their  duties  as  such  Commissioners,  give  a  bond  each 
in  the  sum  of  five  thousand  dollars,  to  be  approved  and  filed  in  the  same 
manner  as  the  bonds  of  other  City  and  County  officers,  and  they  shall  hold 
their  office  for  the  term  of  four  years  from  and  after  the  date  of  their 
appointment,  and  until  their  successors  are  appointed  and  qualified.  And 
in  the  event  of  any  one  or  more  of  said  Commissioners  neglecting  or  refusing 
to  perform  the  duties  of  their  office,  or  in  the  event  of  a  vacancy  or  vacancies 
occurring  in  said  Board  of  Fire  Commissioners  from  any  cause  other  than 
the  expiration  of  their  term  of  office,  the  Board  of  Supervisors  shall  appoint 
some  suitable  person  or  persons  to  fill  such  vacancy  or  vacancies;  provided, 
that  if  any  vacancy  shall  occur  by  resignation,  or  otherwise,  of  any  Com- 
missioner appointed,  as  provided  in  this  Act,  such  vacancy  shall  be  filled 
by  the  same  power  which  made  the  original  appointment,  and  the  person  or 
persons  so  appointed  to  fill  such  vacancy  or  vacancies  shall  be  appointed  to 
fill  the  same  for  the  unexpired  term;  and  provided  further ,  that  all  appoint- 
ments by  the  Board  of  Supervisors  of  said  city  and  county,  under  this  Act, 
shall  be  made  in  open  session,  by  viva  voce  vote,  entered  in  the  journals  ot 
said  Board,  and  no  appointments  made  otherwise  shall  be  valid.  No  mem- 
ber of  said  Board  of  Fire  Commissioners  shall  be  eligible  to  any  elective 
office  during  his  incumbence  of  the  office  of  Fire  Commissioner. 

Sec.  2.  The  officers  of  the  fire  department  of  said  city  and  county  shall 
be:  The  Fire  Commissioners,  to  be  appointed  as  aforesaid,  without  salary; 
one  Chief  Engineer,  whose  salary  shall  be  two  hundred  and  fifty  dollars  per 
month;  one  Assistant  Chief  Engineer,  at  a  salary  of  two  hundred  dollars  per 
month,  and  four  Assistant  Engineers,  whose  salaries  shall  be  one  hundred 
and  fifty  dollars  per  month  each.     All  salaries  shall  be  paid  monthly. 

Sec.  3.  The  members  and  employes  of  said  fire  department  shall  be: 
One  Superintendent  of  Steam  Fire  Engines,  at  a  salary  of  one  hundred  and 
fifty  dollars  per  month;  one  Assistant  Superintendent  of  Steam  Fire  En- 
gines, at  a  salary  of  one  hundred  and  forty  dollars  per  month;  one  Clerk. 


THE  CONSOLIDATION  ACT.  249 

and  Storekeeper  for  the  Corporation  Yard,  at  a  salary  of  one  hundred  and 
twenty-five  dollars  per  month;  one  Corporation  Yard  Drayman,  at  a  salary 
of  ninety  dollars  per  month;  one  Night  V/atchman  for  the  Corporation 
Yard,  at  a  salary  of  seventy- five  dollars  per  month;  two  Ilydrantmen,  at  a 
salary  of  ninety  dollars  per  month  each;  a  Veterinary  Surgeon,  at  a  salary 
of  sixty  dollars  per  month;  a  Foreman  of  each  company,  at  a  salary  of  forty- 
five  dollars  per  month;  one  Engineer  for  each  steam  tire  engine,  at  a  salary 
of  one  hundred  and  forty  dollars  per  month;  one  substitute  Engineer  and 
Machinist,  at  a  salary  of  one  hundred  and  forty  dollars  per  month;  one 
Driver  for  each  company,  at  a  salary  of  ninety  dollars  per  month;  one  Fire- 
man for  each  steam  engine  company,  at  a  salary  of  ninety  dollars  per  month; 
one  Carpenter,  at  a  salary  of  one  hundred  dollars  per  month ;  one  Tillerman 
for  each  hook  and  ladder  company,  at  a  salary  of  ninety  dollars  per  month; 
one  Steward  for  each  hose  company,  at  a  salary  of  eighty  dollars  per  mouth; 
each  Hoseman  and  each  Hook  and  Ladderman  shall  receive  a  salary  of  thirty- 
five  dollars  per  month;  and  one  Janitor  and  Messenger,  at  a  salary  of  seventy- 
five  dollars  per  month;  one  Clerk,  at  a  salary  of  one  hundred  and  fifty 
dollars  per  month. 

Sec.  4.  All  paid  members  of  said  fire  department,  except  the  Veterinary 
Surgeon,  Foreman,  Assistant  Foreman,  Company  Clerks,  Hosemen,  Hook 
and  Laddermen,  and  Stewards  of  volunteer  companies,  shall  give  their  un- 
divided attention  to  their  respective  duties;  but  the  Foreman,  Assistant 
Foreman,  Company  Clerks,  Hosemen,  Hook  and  Laddermen,  and  Stewards 
of  volunteer  companies,  shall  perform  such  duties  as  maybe  prescribed,  from 
time  to  time,  by  said  Board  of  Fire  Commissioners,  and  ordered  to  be  ex- 
ecuted by  the  Chief  Engineer. 

Sec.  5.  The  Chief  Engineer,  the  Assistant  Chief  Engineer,  the  Assistant 
Engineers,  the  Clerk,  and  all  members  and  employes  of  the  fire  department 
shall  be  appointed  by  the  Fire  Commissioners,  and  retain  their  positions 
during  good  behavior.  No  officer,  member,  or  employe  of  said  fire  depart- 
ment shall  be  removed  for  political  reasons. 

Sec.  6.  The  fire  department  of  the  City  and  County  of  San  Francisco 
shall  consist  of  such  engine,  hook  and  ladder,  and  hose  companies,  as  shall 
be  recommended  by  the  Board  of  Fire  Commissioners,  and  be  determined  by 
the  Board  of  Supervisors  of  said  city  and  county,  with  the  approval  of  the 
Mayor,  to  be  necessary  to  afiord  protection  against  fire;  provided,  that,  as 
auxiliary  thereto,  patent  fire  extinguishers  may  also  be  purchased  and  em- 
ployed if ,  in  the  judgment  of  said  Board,  deemed  advisable;  provided,  that 
no  hand  engine  shall  hereafter  be  purchased  for  the  use  of  said  department, 
but  those  now  in  possession  of  said  city  and  county  may  be  used  in  such 
localities  and  under  such  regulations  as  the  Board  of  Fire  Commissioners, 
with  the  approval  of  the  Board  of  Supervisors,  may  prescribe.  The  compa- 
nies of  said  department  shall  be  organized  as  follows:  Each  steam  fire 
engine  company  shall  consist  of   one  Foreman,  one  Engineer,  one  Driver, 


250  THE  CONSOLIDATION  ACT. 

one  Fireman,  and  eight  Hcsemen,  one  of  whom  shall  act  as  Assistant  Fore- 
man, and  one  as  Clerk.  Each  hook  and  ladder  company  shall  consist  of  one 
Foreman,  one  Driver,  one  Tillerman,  and  twelve  Hook  and  Laddermen,  one 
of  whom  shall  act  as  Assistant  Foreman,  and  one  as  Clerk.  Each  hose 
comi^any  shall  consist  of  one  Foreman,  one  Driver,  one  Steward,  and  sis 
Hosefiien,  one  of  whom  shall  act  as  Assistant  Foreman,  and  one  as  Clerk. 

Sec.  7.  The  Board  of  Supervisors  of  said  city  and  county  shall  have 
power  to  contract  and  provide  for  all  cisterns,  hydrants,  apparatus,  supplies, 
engine,  hose,  and  hook  and  ladder  houses,  and  all  alterations  and  repairs 
required,  and  said  Board  of  Fire  Commissioners  shall  supervise  all  contracts 
awarded  and  work  done  for  the  said  fire  department,  and  shall  see  that  all 
contracts  awarded  and  work  done  are  faithfully  performed.  They  shall  have 
power  to  prescribe  the  duties  of  the  officers,  members  and  employes  of  said 
fire  department,  and  to  adopt  rules  and  regulations  for  the  management  and 
discipline  thereof;  and  a  majority  of  them  shall  certify  to  the  correctness  of 
all  claims  and  demands  before  the  same  shall  be  paid.  And  said  Board  of 
Supervisors  are  authorized  and  required  to  provide  and  furnish,  for  the  use 
of  said  Board  of  Fire  Commissioners,  a  suitable  room  or  rooms,  in  some  of 
the  public  buildings  of  said  city  and  county,  to  serve  as  an  office  for  their 
meetings  and  the  transaction  of  business  relating  to  said  fire  department,  in 
which  their  Clerk,  Janitor,  and  Messenger  shall  be  in  attendance,  daily,  dur- 
ing office  hours.  The  Chief,  Assistant  Chief  Engineer,  and  Assistant  Engi- 
neers of  said  department  shall  also  make  it  their  headquarters,  daily,  during 
office  hours,  when  not  otherwise  engaged  in  official  duties.  And  said  Boai'd 
of  Supervisors  shall  furnish  the  Chief  Engineer,  and  also  the  Assistant  Chief 
Engineer,  with  a  horse  and  buggy,  and  shall  provide  for  the  keeping  of  the 
same. 

Sec.  8.  Said  Board  of  Fire  Commissioners  shall  supervise  ani  control 
said  fire  department,  its  officers,  members,  and  employes,  subject  to  the  laws 
governing  the  same,  and  shall  see  that  the  officers,  members  and  employes 
thereof  faithfully  discharge  their  duties,  and  that  the  laws,  orders,  and  regu- 
lations relating  thereto  are  carried  into  operation  and  efi'ect.  They  shall  not, 
nor  shall  either  of  them,  or  the  Chief,  or  Assistant  Chief  Engineer,  or  Assist- 
ant Engineers,  of  said  fire  department,  be  interested  in  any  contract  pertain- 
ing in  any  manner  to  said  dei^artment,  or  in  the  sale,  furnishing  of  apjjar- 
atus,  or  supplies  for  the  same;  and^jall  contracts  in  violation  of  this  section 
are  declared  void,  and  any  of  said  i^ersous  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  may 
be  punished  accordingly. 

Sec.  9.  The  Chief  Engineer  shall  be  the  executive  officer  of  said  fire  de- 
partment, and  it  shall  be  his  duty  (and  that  of  the  Assistant  Chief  Engineer, 
and  Assistant  Engineers)  to  see  that  the  laws,  orders,  rules,  and  regulations 
concerning  the  same  are  carried  into  efi'ect;  and  also  to  attend  to  such  duties 
as  Fire  Wardens  as  may  be  required,  and  to  see  that  all  laws,  orders,  and 


THE  CONSOLIDATION  ACT.  251 

regulations,  established  in  said  city  and  county  to  secure  protection  against 
fire,  are  enforced.  It  shall  also  be  his  duty  to  enf.n-ce  the  rules  and  regula- 
tions, made  from  time  to  time,  to  secure  discipline  in  said  fire  department; 
and  he  shall  have  power  to  suspend  any  subordinate  officer,  member,  or  em- 
ploye, for  a  violation  of  the  same,  and  shall  forthwith^  report,  in  writing, 
with  his  reasons  therefor,  to  the  Board  of  Fire  Commissioners  for  their 
action.  He  shall  diligently  observe  the  condition  of  the  apparatus  and 
working  of  said  department,  and  shall  report  in  writing,  at  least  once  in 
each  week,  to  the  said  Board  of  Fire  Commissioners,  upon  the  same,  -and 
make  such  recommendations  and  suggestions  resi^ecting  it,  and  for  securing 
its  greater  efficiency,  as  he  may  deem  proper;  and  in  the  absence  or  inabil- 
itj'  of  the  Chief  Engineer  to  act,  the  Assistant  Chief  Engineer  shall  assume 
the  duties  of  said  office  of  Chief  Engineer. 

Sec.  10.  The  person  elected  as  Clerk  by  said  Board  of  Fire  Commission- 
ers shall,  before  entering  upon  the  discharge  of  his  duties,  execute  a  bond, 
■with  two  or  more  sureties,  in  the  penal  sum  of  twelve  thousand  dollars,  for 
the  faithful  dischai'ge  of  his  duties,  which  shall  be  approved  by  said  Board 
of  Fire  Commissioners  and  the  Maj'or  of  said  city  and  county,  and  when  so 
approved  shall  be  filed  in  the  office  of  the  Auditor.  The  fimount  of  said  bond 
may  be  increased  from  time  to  time,  when  directed  by  the  Board  of  Super- 
visors, should  they  deem  it  necessary  for  the  public  good.  Said  Clerk  shall 
attend  daily,  during  office  hours,  at  the  office  of  the  Board  of  Fire  Commis- 
sioners (which  shall  be  the  office  of  the  Chief,  Assistant  Chief  Engineer,  and 
Assistant  Engineers),  shall  perform  the  duties  of  Clerk  to  said  Board  and 
Chief  Engineer,  and  perform  such  other  duties  as  from  time  to  time  said 
Board  may  prescribe.  The  Clerk  and  Storekeeper  for  the  Corporation  Yard 
shall,  before  entering  upon  his  duties,  furnish  a  bond,  in  the  sum  of  ten 
thottsand  dollars,  in  the  same  manner  and  form  as  above  provided  in  regard 
to  the  Clerk  of  the  Board  of  Fire  Commissioners, 

Sec.  11.  The  Mayor  of  said  city  and  county,  upon  the  recommendation 
of  the  Board  of  Fire  Commissioners,  is  hereby  authorized  to  sell,  at  private 
or  public  sale,  from  time  to  time,  with  the  approval  of  the  Board  of  Super- 
visors, any  or  all  of  the  engines,  hose  carriages,  engine  houses,  lots  on  which 
such  houses  etand,  or  parts  of  lots  (or  to  exchange  any  of  said  lots  when,  in 
their  judgment,  demanded  by  the  public  good),  or  other  property  which 
shall  not  be  required  for  the  use  of  the  department,  and  to  execute,  acknowl- 
edge and  deliver  good  and  sufficient  deeds  or  bills  of  sale  for  the  same,  pay- 
ing the  proceeds  of  such  sales  into  the  county  treasury  to  the  credit  of  the 
Fire  Department  Fund. 

Sec.  12.  The  Board  of  Supervisors  of  said  city  and  county  are  hereby 
authorized  to  appropriate,  allow,  and  order  paid,  annually,  out  of  the  Gen- 
eral Fund  of  said  city  and  county,  the  salaries  hereinbefore  specified  and 
allowed,  and  salaries  at  similar  rates  to  the  several  officers  and  men  of  any 
additional  companies  created  as  aforesaid.     And  the  Board  of   Supervisors 


252  THE  CONSOLIDATION  ACT. 

are  required  to  appropriate,  allow,  and  order  paid,  out  of  the  General  Fund, 
the  sum  of  fifteen  thousand  dollars  (for  the  year  eighteen  hundred  and 
seventy-eight  only),  ten  thousand  dollars  of  said  sum  to  be  used  in  the  erec- 
tion of  two  new  engine  houses  (said  houses  not  to  exceed  the  sum  of  five 
thousand  dollars  each),  and  the  remaining  five  thousand  dollars  to  be  ap- 
plied to  repairs  of  the  engine  houses  now  in  use  by  the  said  department. 

Sec.  13.  Whenever  any  member  of  the  paid  fire  department  of  the  City 
and  County  of  San  Francisco  shall  become  disabled  by  reason  of  injuries  re- 
ceived at  any  fire,  so  as  to  be  unable  to  perform  his  duties,  the  Board  of 
Supervisors,  upon  the  recommendation  of  the  Board  of  Fire  Commissioners 
of  said  city  and  county,  are  hereby  authorized  and  empowered  to  allow  said 
disabled  man  a  sum  not  exceeding  fifty  dollars  per  month,  not  to  exceed 
three  months,  payable  out  of  the  General  Fund  of  said  city  and  county,  in 
the  same  manner  and  form  as  other  payments  are  made  out  of  said  fund. 

Sec.  Id.  The  Chief  Engineer  shall  have  power  to  appoint  one  member  of 
each  company  to  act  as  Assistant  Foreman,  also  one  member  to  act  as  Clerk 
to  each  company,  said  Clerk  to  receive  five  dollars  per  month  extra  pay. 

Sec.  15.  The  Fire  Commissioners  shall  organize  said  Board  on  the  first 
Monday  in  December  of  each  and  every  year,  by  selecting  one  of  their  num- 
ber as  President,  and  they  shall  meet  at  least  once  in  each  month,  publicly, 
at  their  office,  to  transact  the  bixsiness  of  said  fire  department,  and,  in  addi- 
tion to  the  stated  meeting,  they  shall  meet  twice  in  each  month  for  the  pur- 
pose of  investigating  charges  against  officers,  members,  and  employes  of  said 
department,  for  violating  any  of  the  rules  and  regulations  thereof.  No  per- 
son shall  be  eligible  to  any  position  in  said  department  who  is  not  a  citizen 
of  the  United  States,  nor  a  resident  of  said  city  and  county  for  at  least  two 
years,  nor  under  twenty-one  years  of  age  at  the  time  of  his  appointment. 

Sec.  T6.  In  all  investigations  for  violations  of  the  rules  and  regulations 
of  the  fire  department,  the  President  of  the  Board  of  Fire  Commissioners 
shall  have  power  to  issue  subpoenas  and  administer  oaths,  and  compel  the 
attendance  of  witnesses  before  him,  by  attachment  or  otherwise.  All  sub- 
poenas issued  by  him  shall  be  in  such  form  as  he  may  prescribe,  and  shall  be 
served  by  any  police  officer,  or  by  any  peace  officer  of  said  city  and  county. 
Any  witness  who  refuses  to  attend  or  testify  in  obedience  to  such  subpoena 
shall  be  deemed  guilty  of  contempt,  and  be  punishable  by  him  as  in  cases 
of  contempt  in  Justices'  Courts  in  civil  cases. 

Sec.  17.  No  officer,  member,  or  employe  of  the  fire  department  shall  be 
dismissed  except  for  cause,  nor  until  after  a  trial.  The  accused  shall  be  fur- 
nished with  a  written  copy  of  the  charges  against  him,  at  least  five  days  pre- 
vious to  the  day  of  trial;  and  he  shall  have  an  opportunity  to  examine 
witnesses  in  his  behalf,  and  all  witnesses  shall  be  examined  under  oath,  and 
all  trials  shall  be  public. 

Sec.  18.  The  Board  of  Supervisors  of  said  city  and  county  is  hereby 
authorized   and  empowered  to  establish  and  maintain,  at  the  Corporation 


THE  CONSOLIDATION  ACT.  253 

"Yard,  a  workshop  for  making  repairs  and  improvements  upon  the  apparatus 
of  the  fire  department;  such  workshop  and  such  repairs  and  improvements 
to  be  under  the  supervision  of  the  Board  of  Fire  Commissioners,  and  said 
Board  of  Supervisors  shall  allow  and  order  paid,  out  of  the  Fire  Department 
Fund,  all  the  expenses  of  such  workshop,  repairs,  and  improvements;  pro- 
vided, that  the  Board  of  Supervisors  shall  have  power  to  limit  the  expendi- 
tnres  under  this  section  to  such  an  amount  as  they  in  their  discretion  think 
necessary. 

Sec.  19,  No  person  belonging  to  the  fire  department  of  said  city  and 
county  shall  hold  more  than  one  position  in  said  department,  nor  any  other 
position  under  the  municipal  government  of  San  Francisco,  or  Federal  Gov- 
ernment, to  which  there  is  a  salary  attached,  except  that  the  Clerk  of  engine, 
hose,  and  hook  and  ladder  companies  shall  have  five  dollars  per  mouth  extra 
for  acting  as  Clerk,  as  hereinbefore  provided. 

Sec.  20.  All  Acts  and  parts  of  Acts  in  conflict  with  the  provisions  of  this 
Act,  relating  to  a  paid  fire  department  in  the  City  and  County  of  San  Fran- 
cisco, are  hereby  repealed. 

Sec.  21.  No  member  of  said  Board  of  Fire  Commissioners  shall,  during 
his  term  of  office,  be  a  member  of  any  party  convention,  the  purpose  of 
which  is  to  nominate  candidates  for  political  office.  Nor  shall  the  officers, 
members,  or  employes  of  said  fire  department  take  any  part  whatever  in  any 
partisan  convention  held  for  the  purposes  of  a  political  party,  nor  shall  any 
member  of  the  said  Board  of  Fire  Commissioners,  directly  or  indirectly, 
attempt  to  control  or  influence  the  action  of  any  member  of  said  fire  depart- 
ment, or  any  employe  thereof,  in  any  primary  or  general  election.  No  mem- 
ber of  the  fire  department  shall  levy,  collect,  or  pay  any  amount  of  money  as 
an  assessment  or  contribution  for  political  purposes.  Any  violation  of  the 
provisions  of  this  section  shall  be  deemed  a  misdemeanor.  « 

Sec.  22.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT     CXIX 

1877-8,    829. 


An  Act  to  confer  further  poiuers  upon  the  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco, 

[Approved  ilarjhSO,  1878.] 

Th6  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  asfolloios: 

Section  1.     The  Board  of  Supervisors  of  the  City  and  County  of    San 


254  THE  CONSOLIDATION  ACT. 

Francisco  are  hereby  authorized  and  empowered  to  exercise  the  powers 
following: 

First — To  expend  and  order  paid  out  of  the  General  Fund,  not  to  exceed 
three  thousand  dollars  per  month,  for  objects  of  urgent  necessity  not  other- 
wise i^rovided  for  by  statute,  in  lieu  of  the  amount  now  allowed  by  law. 

Second — To  order  paid  out  of  the  General  Fund  not  to  exceed  twenty 
thousand  dollars  in  any  one  fiscal  year  hereafter,  for  furniture  and  for  repairs 
to  public  buildings,  in  lieu  of  the  amount  now  allowed  by  law. 

TJiird — To  order  paid  out  of  the  General  Fund  not  to  exceed  fifteen 
thousand  dollars  in  any  one  fiscal  year  hereafter,  for  advertising  expenses  of 
said  city  and  county,  in  lieu  of  the  amount  now  allowed  by  law. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


SUPPLEMlfNT    CXX 

1877-8,  829. 


An  Act  to  provide  for  the  improvement  of  Van  Ness  Avenue,  in 
the  City  and  County  of  San  JF)^a7icisco. 

[Approved   March  30,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  shall  have  power  to  declare,  by  ordinance,  that  the  roadway  of 
Van  Ness  Avenue,  between  Market  and  Pacific  streets,  in  said  city  and 
county,  shall  be  fifty-five  feet  in  width,  and  shall  be  laid  out  in  the  middle 
of  said  street,  twenty-seven  and  one-half  feet  on  each  side  of  the  center  line 
thereof,  with  a  gutter  on  each  side  of  said  roadway,  and  a  curb  on  the  outer 
line  thereof,  corresponding  with  the  official  grade  of  said  street,  and  that 
the  sidewalks,  on  each  side  of  said  portion  of  Van  Ness  Avenue,  shall  be 
thirty-five  feet  in  width,  during  the  pleasure  of  said  Board. 

Sec.  2.  The  said  Board  of  Supervisors  shall  have  power,  whenever  a  peti- 
tion therefor  shall  be  presented  to  it  by  the  owners  of  a  majority  of  the 
frontage  of  the  lots  fronting  upon  any  block  in  said  portion  of  Van  Ness 
Avenue,  to  authorize  said  block  to  be  improved,  by  planting  trees,  shrub- 
bery, and  grass  upon  the  outer  seventeen  feet  of  each  of  the  sidewalks  upon 
said  block,  whenever  the  width  of  said  sidewalks  shall  have  been  fixed  as 
defined  in  section  one  of  this  Act.    The  said  improvements  shall  be  made  in 


THE  CONSOLIDATION  ACT.  255 

accordance  with  plans  that  may  be  adopted  and  prescribed  by  said  Board  of 
Supervisors,  and  whenever  the  said  Board  of  Supervisoi-s  shall  have  adopted 
such  plans,  and  shall  have  authorized  the  impi-ovement  of  any  block  in  said 
portion  of  Van  Ness  Avenue,  the  said  Board  shall  have  power  to  provide,  by 
ordinance,  for  the  protection  and  preservation  of  said  improvements,  and 
for  compelling  the  same  to  be  made  and  preserved,  and  for  preventing  tho 
injury  or  destruction  of  the  same,  and  for  prohibiting  those  portions  of  said 
street  that  may  be  so  improved  from  being  traveled  upon  by  vehicles,  ani- 
mals, or  persons,  and  to  prescribe  a  penalty  to  be  imposed  for  any  violation 
of  said  ordinance. 

Sec.  3.  Whenever  any  block  in  said  portion  of  Van  Ness  Avenue  sball 
have  been  improved  under  the  provision  of  this  Act,  the  said  Board  of 
Supervisors  shall  not  thereafter  cause  any  sidewalk  to  bo  constructed  upon 
the  said  space  of  seventeen  feet  so  improved,  but  the  sidewalks  upon  said 
block  that  shall  be  thereafter  constructed  shall  be  constructed  with  a  width 
of  eighteen  feet,  and  shall  have  a  curb  and  gutter  at  their  outer  edge,  aside 
from  the  curbs  and  gutters  at  the  outer  edges  of  the  roadway,  and  thereafter 
the  space  of  seventeen  feet  upon  said  block,  between  the  outer  edge  of  the 
roadway  and  the  outer  edge  of  said  sidewalk,  improved  as  aforesaid,  shall  be 
and  remain  an  open  space,  for  the  purposes  of  a  park,  during  the  pleasure 
of  the  said  Board  of  Supervisors. 

Sec.  i.  Whenever  the  said  Board  of  Supervisors  shall  have  passed  any 
order  for  the  improvement  of  any  block  in  said  portion  of  Van  Ness  Avenue, 
as  is  i^rovided  by  this  Act,  the  owners  of  the  property  fronting  on  said 
block  shall,  within  sixty  days  thereafter,  cause  the  said  improvements  to  be 
made  in  front  of  the  lots  and  lands  respectively  owned  by  them.  In  case  the 
owner  of  any  lot  fronting  upon  said  street,  within  tho  block  so  ordered  to  bp 
improved,  shall  neglect,  for  the  .space  of  sixty  days  after  the  passage  of  said 
order,  to  cause  the  said  improvements  to  be  made,  the  Superintendent  of 
Public  Streets,  Highways,  and  Squares  of  said  city  and  county  shall  there- 
after, by  a  notice  in  writing,  to  be  delivered  to  said  owner  personally,  or  if 
said  owner  shall  not  reside  upon  said  lot,  to  be  left  upon  said  lot,  reqiiire 
the  said  owner  forthwith  to  cause  said  improvements  to  be  made;  and  if  the 
said  owner  shall  neglect,  for  the  space  of  ten  days  thereafter,  to  cause 
the  said  improvements  to  be  commenced,  and  thereafter  to  be  prose- 
cuted [with]  reasonable  diligence,  the  said  Superintendent  may  enter 
into  a  contract,  in  writing,  with  any  suitable  person  to  make  said  improve- 
ment at  the  expense  of  said  owner,  at  a  reasonable  price,  to  be  determined  by 
said  Superintendent,  and  such  owner  shall  be  liable  to  pay  the  same;  and 
upon  the  completion  of  the  said  contract  to  the  satisfaction  of  the  said 
Siiperintendent,  who  shall  thereupon  issue  his  certiticate  to  that  eflfect, 
stating  therein  the  amount  due  upon  said  contract.  The  said  contractor  shall 
cause  the  said  contract  and  certiticate  to  be  recorded  in  the  office  of  the 
County  Recorder  in  and  for  the  City  and  County  of  San  Francisco,  and  shall 


256  THE  CONSOLIDATION  ACT. 

thereafter  have  a  lien  upon  the  said  lot  of  land  in  front  of  which  he  has 
made  the  said  improvement,  for  the  amount  specified  in  said  certificate,  until 
the  same  shall  be  paid,  which  said  lien  may  be  enforced  in  the  mode  pro- 
vided by  law  for  the  foreclosure  of  mortgages  or  other  liens. 

Sec.  5.  Order  number  one  thousand  three  hundred  and  thirteen,  adopted 
by  the  Board  of  Supervisors  of  the  City  and  County  of  San  Francisco,  Septem- 
ber thirteenth,  A.D.  eighteen  hundred  and  seventy-six,  is  hereby  confirmed 
and  made  valid;  provided,  however,  that  nothing  is  hereby  intended  to  prevent 
the  said  Board  of  Supervisors  from  amending  or  repealing  the  said  order, 
and  that  the  said  order  shall  only  remain  in  force  during  the  pleasure  of  the 
said  Board. 
Sec.  6.     This  A.ct  shall  take  eflect  from  and  after  its  passage. 


SUPPLEMENT    GXXI. 

1877-8,  849. 


An  Act  concerning  the  macadamizing,  etc.,  of  Tyler  Street, 
from  3Iarket  to  Devisaclero  Street,  and  to  prohibit  the  lay- 
ing doivn  of  railroad  tracks  thereon. 

[Approved  March  30,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assemhly,  do 

enact  as  follows  : 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  have  the  roadway  of 
Tyler  Street,  from  Market  Street  to  Devisadero  Street,  in  said  city  and 
county,  macadamized,  curbed  with  stone  curbs,  and  stone  crosswalks 
laid  on  the  cross  streets,  sidewalks  constructed  thereon  where  not 
already  constructed,  and  the  sidewalks  thereon  reconstructed,  and  sewers 
to  be  constructed  in  said  street  where  not  already  constructed.  The 
roadway  of  said  Tyler  Street  is  to  be  excavated  to  a  sufficient  depth  to  permit 
the  making  a  bed  for  said  macadam  to  rest  upon,  one  foot  in  depth,  com- 
posed of  good  hard  rock,  free  from  dirt;  said  rock  to  be  well  broken  and 
rolled  down  before  the  macadam  is  placed  thereon.  After  said  road  bed 
shall  have  been  so  prepared,  there  shall  be  placed  thereon  the  best  quality  of 
either  basalt,  blue  gneiss,  trap  rock,  or  granite,  as  per  sample  to  be  fur- 
nished by  the  Street  Superintendent  of  said  city  and  county.  Said  rock  is 
to  be  broken  to  an  egg  size  before  brought  on  the  work.     The  bottom  of  the 


THE  CONSOLIDATION  ACT.  257 

gutter-ways  to  be  eight  inches  below  the  top  of  the  curbs,  and  to  be  paved 
with  basalt  blocks  for  two  and  a  half  feet  from  the  curbs,  and  the  roadway 
to  have  a  crown  to  the  center  of  not  less  than  six  inches  above  the  top  of  the 
curbs;  it  is  then  to  be  well  rolled  down;  it  is  then  to  be  covered  to  the  depth 
of  two  inches  with  said  rock,  finely  broken;  after  the  work  is  done,  it  is 
again  to  be  rolled  down.  The  macadam  is  to  be  twelve  inches  in  depth  at 
the  center,  and  six  inches  in  thickness  at  the  ^sides,  after  rolling  the  same. 
The  curbs  and  crosswalks  are  to  be  of  the  best  California  stone,  clear,  and 
of  the  best  quality,  and  are  to  be  constructed  in  accordance  with  plana  on 
file  in  the  ofiQce  of  the  Superintendent  of  Public  Streets  and  Highways.  The 
sewer  and  sidewalks  are  to  be  constructed  in  conformity  to  plans  and  specifi- 
cations to  be  furnished  by  said  Superintendent.  All  surplus  material  is  to  be 
be  removed,  and  the  work  is  to  be  done  in  a  good  and  workmanlike  manner, 
under  the  direction  and  to  the  satisfaction  of  said  Superintendent.  The 
mode  and  manner  of  letting  said  work,  and  of  making  and  collecting  the  as- 
sessment to  be  issued  for  the  cost  of  said  work,  shall  be  the  same  as  is  now 
in  force  in  said  city  and  county  in  relation  to  street  work,  being  Article 
Four  of  the  Consolidation  Act. 

Sec.  2.  When  the  roadway  of  said  poition  of  Tyler  Street  shall  have  been 
constructed,  as  provided  aforesaid,  the  game  shall  be  accepted  by  the  Board 
of  Supervisors,  subject  to  such  other  provisions  as  are  provided  by  section 
twenty,  of  Chapter  Five  Hundred  and  Sixty-two,  of  the  Session  Laws  of 
April  first,  eighteen  hundred  and  seventy-one  and  two,  approved  April 
first,  1872,  and  thereafter  the  same  shall  be  kept  repaired  and  sprinkled  at 
the  expense  of  said  city  and  county. 

Sec.  3.  The  said  Board  of  Supervisors  are  hereby  prohibited  from  grant- 
ing any  right  or  franchise  to  lay  railroad  tracks  upon  or  over  said  street, 
lengthwise  of  the  same,  between  the  points  named. 

Sec.  4.  Said  Board  of  Supervisors  are  authorized  to  have  shade  trees 
planted  along  said  Tyler  Street,  under  such  regulations  as  said  Board  may 
adopt,  and  thereafter  have  the  same  protected. 

Sec.  5.     This  Act  to  take  effect  from  and  after  its  passage. 
17 


258  THE  CONSOLIDATION  ACT. 


SUPPLEMENT    CXXII. 

1877-8,  879. 


An  Act  to  enable  the  Board  of  Supervisors  of  the  City  and 
County  of  San  Francisco  to  increase  tlie  police  force  of  said 
city  and  county,  and  provide  for  the  appointment,  regula- 
tion, and  payment  thereof. 

[Approved  April  1,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1 .  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  shall  have  power  to  increase  the  police  force  of  said  city  and  coun- 
ty, and  to  reorganize  the  same  in  the  following  manner.  In  addition  to  the 
force  of  one  hundred  and  fifty,  now  allowed  by  law,  said  Board  may  increase 
the  same  by  not  to  exceed  two  hundred  and  fifty,  making  not  more  than  four 
hundred  in  all,  to  be  appointed  and  governed  in  the  manner  provided  for 
the  appointment  and  regulation  of  the  police  force  of  said  city  and  county. 

Sec.  2.  The  compensation  of  the  two  hundred  and  fifty  (250)  police  offi- 
cers provided  for  by  this  Act,  or  such  part  thereof  as  said  Board  of  Supervis* 
ors  shall  allow,  shall  not  exceed  one  hundred  and  two  ($102)  dollars  per 
month  each,  and  the  compensation  of  the  police  officers  in  office  at  the  time 
of  the  passage  of  this  Act  shall  continue  at  the  amount  or  rate  established 
by  the  Act  or  Acts  under  which  they  have  been  appointed,  until  the  first  day 
of  January,  A.D.  eighteen  hundred  and  seventy-nine,  when  and  upon  which 
day  their  pay  shall  be  graded  and  fixed  by  the  Board  of  Commissioners  pro- 
vided to  be  appointed  by  this  Act.  The  police  officers  now  in  office  shall  be 
known  as  the  "  old  police,"  and  those  appointed  by  virtue  of  this  Act  shall 
be  known  as  the  "  new  police,"  Police  officers  hereafter  appointed  to  fill 
vacancies  upon  the  "  old  police,"  shall  receive  the  same  pay  with  the  "  new 
police,"  subject  to  the  condition  that  the  Treasurer  of  said  city  and  county 
shall  retain  from  the  pay  of  each  police  officer  the  sum  of  two  dollars  per 
month,  to  be  paid  into  a  fund  to  be  known  as  "  The  Police  Life  and  Health 
Insurance  Fund,"  which  said  fund  shall  be  administered  as  is  provided  in 
sections  nine  to  thirteen,  inclusive,  of  this  Act. 

Sec.  3.  The  system  of  "  special  police  "  officers,  as  heretofore  practiced 
in  said  city  and  county,  is  hereby  abolished  and  prohibited,  and  no  special 
officer  shall  be  appointed,  except  as  herein  provided  for.  It  shall  be  lawful 
for  the  Police  Commissioners  to  appoint  a  special  officer  when  the  same  is 


THE  CONSOLIDATION  ACT.  259 

petitioned  for  by  any  persons,  firms,  or  corporations,  to  be  named  in  the 
■warrant  of  appointment,  to  do  a  special  service,  to  be  paid  by  such  persons, 
firms,  or  corporations  so  petitioning.  Any  special  officer  asking  for,  solicit- 
ing, demanding,  collecting,  or  receiving,  or  causing  others  to  do  so  for  his 
benefit,  any  money,  or  other*valuable  thing,  npon  pretense  of  guarding  or 
protection  of  the  persons,  or  property  of  the  persons,  from  whom  the  same 
shall  be  asked,  demanded,  solicited,  collected,  or  received,  except  the  per- 
sons, firms,  or  corporations  so  petitioning  for  his  said  appointment,  and 
named  in  said  warrant,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
punished  accordingly,  and  shall  be  dismissed  from  the  sewice;  provided,  that 
this  section  shall  not  take  effect  until  ninety  days  after  its  passage. 

Sec.  4.  No  special  police  officer  shall  ever  be  appointed  in  that  portion 
of  said  city  and  county  known  as  the  Chinese  quarter,  the  boundaries  of 
which  shall  be  established  from  time  to  time  by  the  Police  Commissioners. 
It  shall  be  the  duty  of  the  Chief  of  Police  to  change  the  police  officers 
of  the  regular  force  stationed  in  the  Chinese  quarter,  and  to  substitute  oth- 
ers in  their  places,  so  that  the  whole  force,  in  their  turn,  shall  regularly  be 
assigned  for  duty  in  said  quarter,  in  regular  and  continuous  rotation. 

Sec.  5.  The  police  officers  now  in  office  shall  continue  to  be  paid  in  the 
manner  and  out  of  the  fund  the  same  as  before  the  passage  of  this  Act.  The 
members  of  the  '•  new  police  "  force  shall  be  paid  in  the  following  manner: 
Each  police  officer  of  said  new  police  shall  have  issued  to  him  monthly,  by 
the  Auditor,  a  demand  on  the  Treasurer,  showing  the  amount  due  him  for 
his  salary  for  such  month.  Said  demand,  on  presentation  to  the  Treasurer 
of  said  city  and  county,  shall  be  by  him  registered,  in  order  of  its  issuance, 
in  a  book  to  be  kept  by  him  for  the  purpose,  and  shall,  from  the  date  of 
^uch  registration,  bear  interest  at  the  rate  of  six  per  cent,  per  annum  until 
paid.  Both  interest  and  principal  shall  be  paid  in  United  States  gold  coin, 
in  the  manner  herein  provided  for. 

Sec.  6.  The  Board  of  Supervisors  of  said  city  and  county  shall  include, 
in  the  tax  levy  for  the  fiscal  year  commencing  on  the  first  day  of  July,  A.D. 
one  thousand  eight  hundred  and  seventy-eight,  a  sum  and  rate  sufficient  to 
pay  all  such  registered  demands  on  the  treasury,  with  said  interest,  and  also 
for  the  future  payment  of  the  salaries  of  said  "new  police,"  and  from  the 
time  money  comes  into  the  treasury  sufficient  to  payoff  all  of  said  registered 
demands;  then  and  from  such  time  forth  said  "new  police"  shall  be  paid  in 
cash  in  the  same  manner  as  the  old  police  are  paid.    [Aynended  April  1,  1878.} 

Sec.  7.  The  Judge  of  the  Fifteenth  Judicial  District  of  the  State  of  Cali- 
fornia, the  Judge  of  the  Twelfth  Judicial  District  of  the  State  of  California, 
and  the  Judge  of  the  Fourth  Judicial  District  of  the  State  of  California,  or  so 
many  of  them  as  shall  act,  are  hereby  empowered  and  required  to  meet  to- 
gether within  ten  days  after  the  passage  of  this  Act,  or  as  soon  thereafter 
as  is  practicable,  and  as  often  as  shall  be  necessary,  and  to  choose  three  citi- 


260  THE  CONSOLIDATION  ACT. 

zens  of  said  city  and  county,  househoiders  of  good  repute,  without  respect  to 
their  politics,  who,  together  with  the  Chief  of  Police,  shall  constitute  the 
Board  of  Police  Commissioners  for  said  city  and  county.  Said  four  Commis- 
sioners shall  be  vested  with  all  the  powers,  and  subject  to  all  the  duties  and 
liabilities  of,  and  shall  supersede  the  Board  of'  Police  Commissioners  pro- 
vided for  in  section  seven  of  an  Act  entitled  an  Act  to  create  a  City  Criminal 
Court  in  and  for  the  City  and  County  of  San  Francisco,  and  to  define  its 
powers  and  jurisdiction,  approved  April  third,  A.  D.  eighteen  hundred  and 
seventy-six,  which  section  of  said  Act,  and  all  Acts  and  parts  of  Acts  in  con- 
flict with  or  inconsistent  with  this  Act,  are  hereby  repealed.  The  Police 
Commissioners  appointed  under  this  Act  shall  choose,  from  their  own  num- 
ber, a  President  of  the  Board,  whose  salary  shall  be  two  hundred  and  fifty 
dollars  per  month,  and  the  other  Commissioners  so  appointed  shall  re- 
ceive one  hundred  dollars  per  month  each,  to  be  paid  in  like  manner  with 
other  official  salaries  in  said  city  and  county.  All  vacancies  shall  be  filled 
by  the  aforesaid  Judges  making  the  appointments;  provided,  that  from  and 
after  the  official  term  of  the  present  Chief  of  Police  said  office  shall  cease  to 
be  elective,  and  shall  be  filled  by  the  Commissioners,  whose  appointment  is 
herein  provided  for,  at  a  salary  of  four  thousand  dollars  per  annum.  No 
member  of  said  Board  of  Police  Commissioners,  appointed  as  herein  pro- 
vided for,  shall  be  eligible  to  any  other  office  during  his  incumbency  of  the 
office  of  Police  Commissioner,  nor  for  one  year  thereafter.  No  member  of 
said  Board  of  Police  Commissioners  shall,  during  his  term  of  office,  be  a 
member  of  any  party  convention  the  purpose  of  which  is  to  nominate  candi- 
dates for  office.  Nor  shall  the  officers,  members,  or  employes  of  said  police 
department  take  any  part  whatever  in  any  partisan  convention,  held  for  the 
purpose  of  a  political  party,  nor  shall  any  member  of  the  said  Board  of  Po- 
lice Commissioners,  directly  or  indirectly,  attempt  to  influence  or  contrcjl 
the  action  of  any  member  of  said  police  department,  or  any  employe  thereof, 
in  any  primary  or  general  election.  Any  violation  of  the  provisions  of  this 
section  shall  be  deemed  a  misdemeanor,  and,  on  conviction,  punished  ac- 
cordingly. 

Sec.  8.  The  entire  police  force  of  said  city  and  county  shall  be  and  con- 
tinue subject  to  all  laws  and  regulations  in  force  before  the  passage  of  this 
Act,  and  not  inconsistent  or  in  conflict  herewith. 

Sec.  9.  That  the  Mayor,  Auditor,  and  Treasurer  of  the  City  and  County 
of  San  Francisco  shall  constitute  a  Board,  known  as  "  The  Police  Life  and 
Health  Insurance  Board." 

Sec,  10.  The  said  Board  shall,  from  time  to  time,  as  in  their  judgment 
may  be  best,  invest  the  moneys  of  "The  Police  Life  and  Health  Insurance 
Fund"  in  such  of  the  following  securities  as  shall  seem  the  most  safe  and 
profitable,  namely:  The  bonds  of  the  City  and  County  of  San  Francisco;  the 
bonds  of  the  State  of  California;  the  bonds  of  the  United  States  of  America; 


THE  CONSOLIDATION  ACT.  261 

nd  the  securities  shall  be  held  by  said  Treasurer,  subject  to  the  order  of 
said  Board,  and  the  said  Treasurer  shall  have  no  power  to  deposit,  pledge, 
or  in  any  way  part  with  the  possession  of  said  securities,  or  the  evidence 
thereof,  except  on  the  order  of  said  Board. 

Sec.  11.  Upon  the  death  of  any  member  of  the  said  police  force,  after 
the  first  day  of  Juno,  eighteen  hundred  and  seventy-eight,  there  shall  be  paid 
by  the  Treasurer,  out  of  said  "Life  and  Health  Insurance  Fund,"  to  the 
legal  representative  of  said  police  officer,  the  sum  of  one  thousand  dollars. 
In  case  any  police  officer  shall  resign,  from  bad  health  or  bodily  infirmity, 
there  shall  be  paid  to  him  from  said  fund  the  amount  of  the  principal  sun 
which  he  shall  have  contributed  thereto.  In  case  of  dismissal  of  any  police 
officer  for  mere  incompetency,  not  coupled  with  any  ofi'ense  against  the  laws 
of  the  State,  such  officer  shall  be  paid  from  said  fund  such  amount  as  the 
Board  may  award,  not  exceeding  one-half  of  the  sum  he  may  have  contrib- 
uted to  said  fund.  Any  officer  dismissed  for  gross  neglect  or  violation  of 
duty,  or  upon  conviction  of  any  misdemeanor  or  febny,  shall  forfeit  all 
claim  upon  said  fund. 

Sec.  12.  In  case  such  fund  shall  not  be  suffioieat  to  pay  the  demand 
upon  it,  such  demand  shall  be  registered  and  paid  in  the  order  of  its  regis- 
try out  of  the  funds  as  received. 

Sec.  13.  The  said  Mayor,  Auditor,  and  Treasurer  shall  receive  no  com- 
pensation for  their  services  as  members  of  said  Board,  nor  shall  the  said 
Treasurer  receive  any  compensation  as  Treasurer  and  custodian  of  s%id  funds. 

Sec.  14.  In  addition  to  the  Captains  of  Police  now  allowed  by  law,  the 
Commissioners  shall  appoint  one  Captain,  who  shall  be  known  as  the  Cap- 
tain of  the  Harbor  Police,  and  shall  receive  the  same  salary  as  other  Cap  - 
tains  of  the  police. 

Sec.  15.  The  Police  Commissioners  appointed  under  this  Act  shall  hold 
their  meetings  in  the  office  of  the  Chief  of  Police,  or  in  such  other  con- 
venient place  aa  the  Board  of  Supervisors  shall  designate,  and  the  Clerk  of 
the  Chief  of  Police  shall  act  as  the  Clerk  of  said  Board  of  Cjmoiissioners. 

Sec.  16.     This  Act  shall  take  efifjct  immediately. 


262  THE  CONSOLIDATION  ACT. 


SUPPLEMENT   CXXIII. 
1877-8,  931. 


An  Act  to  covfer  further  i)Ov:ers  on  the  Board  of  Supervisors  of  the 
City  and  County  of  San  Francisco,  and  to  establish  the  grade 
of  Vallejo  Street,  in  said  city  and  county. 

[Approved  April  1,  1878.] 

7/46  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Slotion  1.     The  grade  of  Vallejo  Street,  from  the  westerly  line  of  Taylor 
Street  to  the  easterly  line  of  Jones  Street,  shall  be  a  direct  line. 

Skc.  2.     All  Acts  or  parts  of  Acts,  so  far  as  they  are  in  conflict  with  this 
Act,  are  hereby  repealed. 


SUPPLEMENT   C.XXIV 
1877-8,    931. 


An  Act  to  authorize  the  Board  of  Supervisors  of  the  City  and 
County  of  San  Francisco  to  order  Bay  Street  graded,  and  to 
change  its  grade. 

[Approved  April  1,  187S.J 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  order  graded  the  v/hole 
or  any  part  of  Bay  Street,  in  said  city  and  county,  from  the  east  line  of  Lar- 
kin  Street  to  east  line  of  the  Military  Reservation  known  as  the  "  Presidio 
Keservation,"  without  receiving  any  petition   from   any  person  therefor; 


THE  CONSOLIDATION  ACT.  263 

provided,  that  the  Board  of  Supervisors  shall  have  said  grading,  between  the 
east  side  of  Larkin  Street  and  Fillmore  Street,  graded  either  as  a  whole  or 
in  subdivisions,  at  their  discretion;  and  provided  further,  that  they  shall 
have  said  grading,  between  Fillmore  Street  and  the  east  line  of  the  Presidio 
Reservation,  graded  either  as  a  whole  or  in  subdivisions,  at  their  discretion. 

Sec.  2.  The  grade  of  the  crossing  of  Bay  and  Polk  Streets  is  hereby 
fixed  and  established  at  eighty  feet  above  base,  instead  of  seventy  feet;  and 
the  grade  of  the  crossing  of  Bay  Street  and  Van  Ness  Avenue  is  hereby  fixed 
at  seventy-five  feet  above  base,  instead  of  sixty-five  feet;  and  the  grade  of 
the  crossing  of  Bay  and  Gough  Streets  is  hereby  fixed  and  established  at 
sixty  feet  above  base,  instead  of  fifty-six  feet;  and  the  grade  of  the  crossing 
of  Bay  and  Octavia  Streets  is  hereby  fixed  and  established  at  forty-five  feet 
above  base,  instead  of  thirty  feet;  and  the  grade  of  the  crossing  of  Bay  and 
Laguna  Streets  is  hereby  fixed  and  established  at  thirty  feet  above  base,  in- 
stead of  twenty-one  feet. 

Seo.  3.  All  Acts  and  parts  of  Acts  in  conflict  with  the  provisions  of  this 
Act,  so  far  only  as  they  are  inconsistent  herewith,  are  hereby  repealed. 

Sec.  4.     This  Act  shall  take  eff'ect  immediately. 


SUPPLEMENT     CXXV. 

1877-8,  944. 


An  Act  creating  the  Twenty-third  Judicial  District,  and  defining 
the  Third  and  Twelfth  Judicial  Districts. 

[Approved  April  1,  187S.] 

TJie  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

[Secs.  1  to  6,  inclusive,  obsolete.] 

Sec.  7.  The  County  Clerk  of  the  City  and  County  of  San  Francisco  shall 
be  ex-ofiicio  Clerk  of  the  District  Court  of  the  Twentj'-third  Judicial  Dis- 
trict, in  and  for  said  city  and  county,  and  the  Kegister  Clerk,  Court-room 
Clerk  and  Copying  Clerk,  heretofore  appointed  by  the  County  Clerk  of  the 
City  and  County  of  Sau  Francisco,  as  the  Clerks  of  the  Third  Judicial  Dis- 
trict Court,  shall  be  transferred  as  the  Clerks  of  the  said  Twenty-third  Judi- 
■cial  District  Court.     The  salaries  of  such  Clerks  to  remain  the  same. 

Sec.  8.  And  the  Bailifi'  heretofore  appointed  by  the  Sheriff  of  the  City 
and  County  of  San  Francisco,  to  act  as  Bailiff  or  Deputy  Sherifi'  of  said 
Third  Judicial  District  Court,  shall  be  transferred  as  the  Bailiff  of  the  said 
Twenty-third  Judicial  District  Court;  the  salary  of  said  Deputy  Sherifif  or 
Bailifl"  to  remain  the  same. 

[_The  remainder  of  this  Jet  is  obsolete.] 


264  THE  CONSOLIDATION  ACT. 


SUPPLEMENT    CXXVI 

1877-8,  947. 


An  Act  to  create  a  new  Court  in  the  City  and  County  of  San  Fran- 
cisco, to  be  designated  as  the  Municipal  Court  of  Appeals  of 
the  City  and  County  of  San  Francisco. 

[Approved  April  1,  1878.] 

The  People  of  the  Slite  of  California,  represented  in  Senate  and  Assembly,  do- 
enact  as  follows: 

[Secs,  1  to  6,  inclusive,  6bsolete.'\ 

Sec.  7.  The  Sheriff  and  County  Clerk  of  the  said  city  and  county  shall, 
respectively,  be  the  Sheriff  and  Clerk  of  said  Court,  and  shall  provide  the 
same  with  deputies,  the  same  as  are  provided  for  the  County  Court,  and  at 
the  same'  salaries,  paid  in  the  same  way,  out  of  the  General  Fund. 

[  The  remainder  of  the  Act  is  obsolete.  ] 


SUPPLEMENT      CXXVII. 
1877-8,  953. 

An  Act  in  relation  to  the  House  of  Correction  of  the  City  and 
County  of  San  Francisco. 

[Approved  April  1,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assemblyy 
do  enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  to  maintain  and  support  in  said  city  and 
county  the  institution  now  existing  therein,  and  known  as  the  House  of  Cor- 
rection, and  to  make  additions  thereto  as  the  same  may  be  required,  and 
also  to  make  all  proper  rules  and  regulations  for  the  discipline,  management, 
and  employment  of  persons  committed  to  the  House  of  Correction  by  any 
Court  of  said  city  and  county. 

Sec.  2.     In  making  rules  and  regulations,  as  provided  in  the  preceding 


THE  CONSOLIDATION  ACT.  265 

section,  the  Board  of  Supervisors  shall  endeavor,  as  far  as  possible,  to  pre- 
vent crime,  reform  prisoners,  and  mxke  the  House  of  Correction  self- 
supporting. 

Sec.  3.  All  persons  appearing  for  sentence  in  the  Police  Judge's  Court, 
the  City  Criminal  Court,  or  the  Municipal  Criminal  Court,  of  the  City  and 
County  of  San  Francisco,  who  might  be  sentenced  to  imprisonment  in  the 
County  Jail,  or  in  the  State  Prison,  may,  instead  thereof,  be  by  the  proper 
Court  sentenced  to  imprisonment  in  the  House  of  Correction,  in  said  city 
and  county,  subject,  however,  to  the  provisions  of  the  next  section;  and  no 
person  shall  be  sentenced  to  imprisonment  in  the  House  of  Correction  except 
under  the  provisions  of  this  Act. 

Sec.  4.  Jfo  person  shall  be  sentenced  to  imprisonment  in  the  House  of 
Correction  for  a  shorter  or  a  longer  term  than  ^that  for  which  he  might  be 
sentenced  in  the  County  Jail,  or  in  the  State  Prison,  and  in  no  case  whatever 
for  a  shorter  term  than  three  years.  No  person  who  might  be  sentenced  to 
imprisonment  in  the  State  Prison  shall  be  sentenced  to  imprisonment  in  the 
House  of  Correction,  if  he  is  more  than  twenty-five  years  of  age,  if  Le  has 
been  once  before  couvioted  of  a  felony,  or  twice  before  convicted  of  petit  lar- 
ceny, nor  unless,  in  the  opinion  of  the  Court,  imprisonment  in  the  House  of 
Correction  will  be  more  for  his  interest  than  imprisonment  in  the  State 
Prison,  and  equally  for  the  interest  of  the  public.  The  fact  of  a  previous 
conviction  may  be  found  by  the  Court  upon  evidence  introduced  at  the  time 
of  sentence. 

Sec.  5.  Persons  imprisoned  in  the  House  of  Correction  may  be  put  to 
work  on  the  public  works  and  other  property  of  the  City  and  County  of  San 
Francisco,  or  may  be  employed  at  any  other  work,  as  the  Board  of  Supervisors 
of  said  city  and  county  may  direct.  And  the  said  Board  of  Supervisors  may, 
so  far  as  a  due  regard  to  economy  will  permit,  provide  for  the  learning  of 
trades  by  persons  whose  terms  of  imprisonment  in  said  House  of  Correction 
are  of  sufficient  length,  and  who  have  the  capacity  reqaisite  therefor,  and 
will  work  industriously  thereat. 

Sec.  6.  The  Superintendent  shall  give  his  personal  attention  to  the  du- 
ties of  his  office,  and  shall  reside  at  the  House  of  Correction,  and  the  Board 
of  Supervisors  shall  provide  therein  room  and  board  for  him,  and  for  the 
subordinates  whose  presence  may  be  required  in  and  about  said  house. 

Sec.  7.  The  third  section  of  an  Act  entitled  "An  Act  to  utilize  the  prison 
labor  and  govern  the  House  of  Correction  of  the  City  and  County  of  San 
Francisco,"  approved  March  thirty-first,  eighteen  hundred  and  seventy-six, 
and  all  Acts  and  parts  of  Acts,  so  far  as  they  are  inconsistent  with  this  Act, 
are  hereby  repealed;  provided,  that  all  offenses  committed  before  this  Act 
takes  effect  shall  be  inquired  of,  prosecuted,  and  punished  in  the  same  man- 
ner as  if  this  Act  had  not  been  passed. 

Sec.  8.     Every  person  who  shall,  at  the  time  of  the  passage  of  this  Act,  be 


266  THE  CONSOLIDATION  ACT. 

coufined  in  t  ae  House  of  Correction  under  or  by  virtue  of  a  sentence  of  im- 
prisonment in  the  County  Jail,  may  remain  in  the  House  of  Correction  till 
his  term  of  imprisonment  shall  expire,  and,  so  far  as  relates  to  him,  the 
House  of  Correction  shall  bo  deemed  to  be  the  County  Jail,  and  he  shall  be 
in  the  charge  and  keeping  of  the  Superintendent,  who  shall  have  the  same 
power  over  him  as  the  Sheriff  might  exercise  if  he  was  in  fact  in  the  County 
Jail.  While  any  such  person  shall  be  in  charge  of  the  Superintendent,  as 
above  provided,  the  Sheriff  shall  be  under  no  responsibility  in  regard  to  him; 
but  nothing  herein  shall  prevent  the  Sheriff  from  removing  at  any  time  any 
such  person  from  the  House  of  Correction  to  the  County  Jail.  Nothing  in 
this  Act  shall  be  construed  to  abolish  or  in  any  way  interfere  with  the  gov- 
ernment or  control  of  the  Couoty  or  Branch  County  Jails  of  said  city  and 
county  by  the  Sheriff  of  said  city  and  county. 

Sec.  9.     This  Act  shall  take  effect  in  30  days  from  and  after  its  passage. 


SUPPLEMENT      CXXVIII 

1877-8,  957. 


An   Act  to  relieve  the  necessities   of  the  San   Francisco   School 

Department. 

[Approved  April  1,  1878.] 

"Wheeeas,  The  Board  of  Supervisors  of  the  City  and  County  of  San  Fran- 
cisco, in  pursuance  of  an  Act  of  the  Legislature,  approved  March  30th, 
187'!,  lease  the  Lincoln  School  lot,  fronting  on  Market  Street,  for  the  term 
of  20  years,  the  total  income  of  which  lease  will  be  five  hundred  and  thirty- 
six  thousand  and  one  hundred  dollars,  and  there  was  issued  against  the 
said  sum  two  hundred  thousand  dollars  in  twenty  years  six  per  cent,  bonds, 
the  total  sum  of  which,  including  interest,  will  be  four  hundred  and  forty 
thousand  dollars,  thus  leaving  a  balance  of  ninety-sis  thousand  one  hun- 
dred dollars;  therefore, 

2he  Ptoph  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1,  The  Mayor,  Auditor,  and  Treasurer  of  the  City  and  County 
of  San  jb'rancisco  are  hereby  authorized  and  required  to  issue  school  bonds 
for  school  purpo-ses  in  the  total  sum  of  forty-three  thousand  five  hundred 
dollars.     Said  bonds  shall  be  payable   in  twenty  years  from  the  first  day  of 


THE  CONSOLIDATION  ACT.  267 

May,  one  thousand  eight  huadred  aud  seventy-eight,  and  shall  bear  interest 
at  the  rate  of  six  per  cent,  per  annum,  which  interest  shall  be  payable  on  the 
first  day  of  July  aud  January,  in  the  City  and  County  of  San  Francisco. 
Said  bonds  shall  be  signed  by  the  Mayor,  Auditor,  aud  Treasurer  of  said 
city  and  county,  and  the  coupons  attached  to  said  bonds  shall  be  signed  by 
daid  Treasurer. 

Sec.  2.  The  principal  and  interest  of  the  said  bonds  shall  be  payable  in 
gold  coin  of  the  United  States  of  America,  and  the  faith  and  credit  of  the 
City  and  County  of  San  Francisco  are  hereby  pledged  for  the  redemption  of 
said  bonds  and  the  payment  of  the  principal  and  interest,  in  said  gold  coin 
of  the  United  States  of  America,  as  set  forth  in  this  Act. 

Seo.  3.  As  soon  as  the  said  bonds  are  issued,  the  Mayor,  Auditor,  and 
Treasurer  of  the  City  aud  County  of  San  Francisco  are  hereby  authorized 
if  there  is  any  money  in  the  several  sinking  funds  under  their  control,  to  de- 
posit the  said  bonds  in  the  treasury  of  the  City  and  County  of  San  Fran- 
cisco, and  take  therefrom  in  lieu  thereof  a  sum,  in  gold  coin,  equal  to  the 
face  value  of  the  bonds  so  deposited,  and  if  there  is  not  sufficient  money  in 
said  fund,  or  if  at  any  time  there  should  be  a  need  for  the  money  so  withdrawn 
from  the  said  funds,  thp.u  the  Mayor,  Auditor,  and  Treasurer  are  authorized 
to  sell  the  remainder  or  the  whole  of  said  bonds  to  replace  the  money  so 
taken  out  of  the  funds.  Upon  sale  of  said  bonds  for  the  purposes  herein 
named,  notice  of  such  jjroposed  sale  shall  be  given  by  publication  in  two 
daily  newspapers  published  in  said  city,  for  the  period  of  not  less  than  thirty 
days.  Such  notice  shall  specify  the  total  amount  of  the  bonds  to  be  dis- 
posed of ,  the  rate  of  interest  which  they  draw,  and  the  time  for  redemption 
thereof,  at  the  time  fixed  and  specified  in  said  notice.  All  sealed  proposals 
therefor  shall  be  opened  by  spid  named  officers,  or  a  majority  of  them,  and 
the  sale  awarded  to  the  highest  bidder,  in  U.  S.  gold  coin;  provided,  that  said 
highest  bid  amount  to  ninety-nine  per  cent,  of  the  nominal  or  par  value  of 
said  bonds. 

Sec.  4.  The  money  obtained  from  the  disposal  of  the  bonds,  as  provided 
for  in  Section  3  of  this  Act,  shall  be  a  special  fund,  under  the  control  of  the 
Board  of  Education  of  the  City  and  County  of  San  Francisco,  for  the  sole 
purpose  of  purchasing  school  lots  within  that  portion  of  San  Francisco 
bounded  as  follows:  Howard  Street  on  the  north,  Townsend  Street  on  the 
south.  Sixth  Street  on  the  west,  and  Fourth  Street  on  the  east. 

Sec.  5.  The  principal  and  interest  of  said  bonds  shall  be  paid,  when  due, 
by  the  Treasurer  of  the  City  and  County  of  San  Francisco,  from  moneys  re- 
ceived from  the  lease  of  the  school  lot  on  the  corner  of  Market  and  Fifth 
Streets,  in  said  ciiy  and  county,  as  provided  for  in  an  Act  of  the  Legislature 
approved  March  30th,  eighteen  hundred  and  seventy-four;  and  if  at  any 
time,  through  default  in  payment  of  rent  or  from  other  causes,  said 
special  fund  shall  be  found  insufficient  to  meet  said  interest  or  principal,  it 


268  THE  CONSOLIDATION  ACT. 

shall  become  tha  duty  of  the  Board  of  Supervisors  to  pay  the  same  out  of  the 
General  Fund,  and  to  levy  a  tax  sufficient  to  meet  the  deficiency. 

Sec.  6.  All  Acts  and  parts  of  Acts,  so  far  as  they  are  inconsistent  with 
the  provisions  of  this  Act,  are,  for  the  purposes  of  this  Act,  are  hereby 
repealed. 

Sec.  7.     This  Act  shall  take  effect  from  and  after  its  passage. 


SUPPLEMENT     CXXIX 

1877-8,  959. 


An  Act  to  confer  additional  poxoers  on  the  Board  of  Supervisors  of 
the  City  and  County  of  San  Fr'ancisco  in  relation  to  accepted 
streets. 

[Approved  April  1,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  and  empowered  to  suspend  from  the  benefits 
of  acceptance  any  portion  of  a  street  where  the  owner  of  the  property  front- 
ing thereon  shall  hereafter  fail  to  pay  the  assessments  for  the  improvements 
which  form  the  basis  for  acceptance  by  the  corporate  authorities. 

Sec.  2.  The  Superintendent  of  Streets  shall  keep  a  thorough  record  in 
his  office  and  list  all  property  where  the  owner  shall  evade  payment  for  the 
improvements  which  form  the  basis  for  acceptance,  and  he  shall  make  a 
careful  record  of  the  same  in  a  book  or  books  kept  for  that  purpose,  show- 
ing correctly  the  portion  of  frontage  in  each  block  where  the  owners  have 
paid  their  assessments,  and  the  portion  where  payments  have  been  evaded. 

Sec.  3.  The  said  Superintendent  of  Streets  shall  also  keep  a  careful  record 
of  all  expenditures  hereafter  made  for  repairs  and  renewals  upon  accepted 
streets,  charging  to  each  block  separately  the  amount  expended  thereon,  and  in 
every  block  containing  one  or  more  lots  hereby  suspended  for  the  benefits 
of  acceptance,  he  shall  charge  up  to  each  its  due  proportion  per  front  foot 
of  the  whole  cost,  and  the  same  shall  become  at  once  a  valid  lien  upon  the 
realty,  and  bear  interest  at  the  rate  of  ten  per  cent,  per  annum  till  liquidated 
by  full  payment  into  the  city  treasury;  provided,  that  at  the  expiration  of 
one  year  from  the  date  of  the  expenditures,  if  the  same  is  not  paid,  the  same 


THE  CONSOLIDATION  ACT.  269 

shall  be  marked  "  deliuqueut,"  and  a  list  thereof  shall  be  certified  to  the 
Tax  Collector  of  the  City  and  County  of  San  Francisco,  and  said  Tax  Col- 
lector shall  thereupon  advertise  the  said  property  for  sale  to  pay  said  delin- 
quent assessment  and  interest  due  thereon,  and  the  costs  and  charges  of 
adverti'iing  the  same,  and  six  months  thereafter  shall  execute  a  deed  there- 
for, provided  the  said  property  shall  not  be  redeemed;  and  if  redeemed, 
fifty  per  cent,  shall  be  added  as  a  redemption  fee  therefor.  Said  certificate 
of  sale  and  deed  shall  be  in  manner  and  form  as  the  certificates  and  deeds 
provided  to  be  executed  by  the  Tax  Collector  on  the  sale  of  property  for  de- 
linquent taxes,  and  shall  be  conclusive  evidence  of  the  validity  of  the  assess- 
ment and  of  all  prior  proceedings,  and  shall  be  subject  to  be  declared  invalid 
by  proof  only  that  the  assessment  for  which  the  property  was  sold  had  been 
paid  prior  to  the  date  of  sale. 

Sec.  4.  Any  piece  of  property  which  shall  be  suspended  from  the  bene- 
fits of  acceptance  through  the  operations  of  this  law,  may,  at  any  time,  be 
restored  to  its  lost  privileges,  and  the  street  in  front  of  it  accepted,  by  pay- 
ment to  the  contractor  who  did  the  work  the  amount  of  the  assessment 
against  such  lot  for  the  improvement  of  which  it  was  suspended,  and  upon 
filing  a  receipt  therefor  in  the  office  of  the  Superintendent  of  Public  Streets 
and  Highways.  It  may  also  be  restored  by  payment  of  such  sum  into 
the  Treasury  of  the  City  and  County  of  San  Francisco.  All  payments  and 
collections  of  money  under  this  Act  shall  be  placed  in  a  special  fund,  to  be 
designated  as  the  "  Special  Street  Fund."  And  each  payment  or  collection 
must  be  entered  in  a  book  to  be  kept  by  the  Treasurer  for  that  purpose, 
showing  the  amount  collected,  a  description  of  the  lot,  with  the  date  of  the 
contract  and  assessment  for  the  non-payment  of  which  said  lot  was  sus- 
pended, and  the  name  of  the  contractor  doing  the  work,  as  shown  by  the 
books  of  the  Street  Commissioner.  The  contractor  who  did  the  work  in 
front  of  any  lot  suspended  for  non-payment  of  his  assessment,  or 
his  assigns,  shall  be  entitled  to  receive  from  the  Treasurer  all  moneys  paid 
into  the  treasury,  either  voluntarily  or  by  the  lot  owner,  or  collected  under 
the  provisions  of  section  three  of  this  Act,  from  time  to  time,  as  the  same 
shall  be  paid  into  the  treasury,  up  to  the  amount  Awe  him  on  said  invalid 
assessment,  and  when  he  has  been  fully  paid  said  lot  shall  be  released  from 
its  disabilities,  and  the  street  in  front  thereof  shall  be  accepted.  .  Nothing  in 
this  law  contained  shall  be  construed  so  as  to  give  any  person  a  claim  against 
said  city  and  county  for  any  money,  unless  the  same  shall  have  been  first 
collected  and  paid  into  the  treasury,  in  accordance  with  the  provisions  of 
this  Act,  and  to  the  extent  of  such  payment  only.  No  lot  shall  be  liable  to 
pay  any  sum  beyond  the  amount  of  the  assessment  for  work  done  to  place 
the  same  in  condition  to  make  the  same  an  accepted  street. 

Sec.  5.  It  shall  in  future  be  lawful  for  the  city  authorities  to  accept  any 
portion  of  a  street,  for  future  maintenance  by  the  city,  where  it  is  clearly 


270  THE  CONSOLIDATION  ACT. 

shown  to  their  satisfactiou  that  all  the  requisite  improvements  have  been 
paid  for  by  the  owners  of  the  property  fronting  thereon;  but  no  portion  of  a 
street  shall  hereafter  be  accepted  while  the  bills  remain  unpaid  for  the  im- 
provements which  form  the  basis  for  acceptance. 

Sec.  6.    All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this 
Act  are  hereby  repealed. 

Sec.  7.     This  Act  shall  take  efifect  from  and  after  its  passage. 


SUPPLEMENT     CXXX 

1877-8.  961. 


An  Act  to  confer  additional  powers  on  the  Bo  ard  of  Supervisors  of 
the  City  and  County  of  San  Francisco. 

[Approved  April  1,  1878.  j 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows  : 

Section  1.  That  portion  of  Elm  Street  or  Avenue  extending  from  Polk 
Street  towards  Larkin  Street,  through  only  a  portion  of  Block  No.  Six, 
Western  Addition,  in  the  City  and  County  of  San  Francisco,  which  has  not 
been  used  by  the  public  as  a  thoroughfare,  may  be  closed  by  the  Board  of 
Supervisors  of  the  said  city  and  county,  on  petition  of  the  majority  of  the 
owners  of  all  the  land  fronting  on  said  portion  of  Elm  Street  or  Avenue. 

Sec.  2.    This  Act  shall  take  effect  immediately. 


THE  CONSOLIDATION  ACT.  271 


SUPPLEMENT    CXXXI 

1877-8,  962. 


All  Act  supplemental  to  ayx  Act  entitled  "An  Act  to  legalize  the  as- 
sessment of  taxes  in  the  City  and  County  of  San  Francisco, 
and  to  ratify  and  confirm  a  resolution  of  the  Board  of  Super- 
visors of  the  City  and  County  of  San  Francisco,"  approved 
March  19/;i,  1878. 

[Approved  April  1,  1S78.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows : 

Section  1.  It  is  hereby  provided  that  all  suits  that  may  be  brought  under 
the  provisions  of  the  Act  to  which  this  Act  is  supplemental,  whether  for 
State,  and  city,  and  county  taxes,  or  either,  may  be  brought  in  the  name  of 
the  City  and  County  of  San  Francisco,  and  no  want  of  description  or  in- 
description,  or  uncertainty,  or  ambiguity  of  description  of  the  properly 
assessed  upon  the  assessment  rolls  of  said  years,  in  said  Act  mentioned,  or 
either  of  them,  if  it  can  be  ascertained  or  proved  by  the  testimony  of  the 
Assessor  of  the  City  and  County  of  San  Francisco,  or  otherwise,  what  prop- 
erty is  intended,  shall  invalidate  the  assessment,  but  the  same  shall  be  suffi- 
cient and  be  considered  valid,  both  in  law  and  equity. 

Sec.  2.  This  Act  shall  take  eflfect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT     CXXXII 

1877-8,  1023. 


An  Act  to  fie  the  salary  of  the  Clerh  of  the  M%yor  of  the  City  and 
County  of  San  Francisco,  and  to  provide  for  the  payment 
thereof. 

[Approved  April  1,    1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows  : 

Section  1.     The  salary  of   the  Mayor's  Clerk  of  the  City  and  County  of 


272  THE  CONSOLIDATION  ACT. 

San  Francisco  shall,  from  and  after  the  passage  of  this  Act,  be  fixed  at  two 
hundred  and  fifty  dollars  per  month,  in  lieu  of  all  other  compensation,  and 
shall  be  paid  in  the  same  manner  that  other  official  salaries  are  paid  in  said 
city  and  county. 

Sec.  2.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT   CXXXIII. 

1877-8,  966. 


An  Act   to   change   the  grades  of  certain  streets  in  the  City  and 
County  of  San  Francisco. 

[Approved  April  1,  1878.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  is  hereby  authorized  and  empowered,  without  the  petition  of  prop- 
erty owners  therefor,  to  establish  the  following  grades:  The  grade  of  the 
crossing  of  Franklin  and  Green  Streets  at  ninety-four  feet  above  base,  instead 
of  seventy-four  feet  above ;  the  grade  of  the  crossing  of  Franklin  and  Lom- 
bard Streets  at  sixty-four  feet  above  base,  instead  of  fifty  feet  above;  the 
crossing  of  Van  Ness  Avenue  and  Green  Streets  at  one  hundred  and  five  feet 
above  base,  instead  of  ninety  feet  above;  the  crossing  of  Van  Ness  Avenue 
and  Greenwich  Street  at  one  hundred  feet  above  base,  instead  of  ninety  feet 
above;  the  crossing  of  Van  Ness  Avenue  and  Lombard  Street  at  ninety- five 
feet  above  base,  instead  of  eighty  feet  above;  the  crossing  of  Polk  and 
Greenwich  Streets  at  one  hundred  and  sixty  feet  above  base,  instead  of  one 
hundred  and  forty  feet  above. 

Sec.  2.  The  grades  of  said  several  streets  intermediate  the  main  street 
crossings  herein  named  and  contiguous  thereto  shall  conform  to  the  grades 
as  herein  established. 

Sec.  3.  This  Act  shall  take  effect  on  the  first  day  of  July,  eighteen  hun- 
dred and  seventy-eight. 


THE  CONSOLIDATION  ACT.  273 


SUPPLEMENT    CXXXIV 

1877-8,  9G7. 


An  Act  to  extend  the  jurisdiction  of  the  Park  Commissioners  over  a 
certain  highway  in  the  City  and  County  of  San  Francisco. 

[Approved  April  1,  1S78.J 

The  People  of  the  Stale  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows  : 

Section  1.  Order  number  one  thousand  four  hundred  and  sixteen  of  the 
Board  of  Supervisors  of  the  Citj'  and  County  of  San  Francisco,  approved 
December  seventh,  one  thousand  eight  hundred  and  seventy-seven,  is  hereby 
ratified  and  confirmed,  and  the  road  therein  mentioned,  commencing  at  Cen- 
tral Avenue  and  extending  to  the  Pacific  Ocean,  and  purchased  under  said 
order,  together  with  the  personal  property  purchased  with  said  road,  is  here- 
by placed  under  the  control  and  management  of  the  Park  Commissioners 
having  charge  of  Golden  Gate  Park,  who  shall  have  all  the  powers,  and  be 
subject  to  the  same  duties  respecting  said  road,  as  if  the  same  had  been  origi- 
nally part  of  said  park,  and  all  Acts  relating  to  said  park,  so  far  as  the  same 
may  be  applicable,  are  hereby  extended  to  said  road. 

Seo.  2.  The  said  Board  of  Supervisors  are  hereby  authorized  and  di- 
rected to  include  in  their  tax  levy  for  the  coming  fiscal  year,  an  amount  suf- 
ficient to  make  the  payment  provided  to  be  made  in  section  one  of  said 
order,  with  interest  thereon  from  the  date  of  the  approval  of  said  order, 
which  taxes  under  said  levy  shall  be  levied  as  other  municipal  taxes,  and 
paid  into  the  General  Fund,  and  disbursed  in  discharge  of  said  indebt- 
edness. 

Sec.  3.     Tliis  Act  shall  take  effect  and  be  in  force  from  and  after  its  ptss- 
age. 

18 


274  THE  CONSOLIDATION  ACT. 


GENERAL  LAWS  AND  SAN  FRANCISCO  STATUTES. 


The  following  statutes  passed  since  the  adoption  of  the  Con- 
stitution of  1879  have  special  reference  to  the  City  and  County 
of  San  Francisco: 

SUPPLEMENT    CXXXV. 

1880,   1. 


An  Act  to  repeal  an  Act  entitled  an  Act  to  authorize  the  City  and 
County  of  San  Francisco  to  provide  and  maintain  j^ubHc 
water-works  for  said  city  and  county,  and  to  condemn  and 
purchase  private  property  for  that  purpose,  approved  March 
twenty -seventh,  eighteen  hundred  and  seventy-six. 

[Approved  January  22,  1880.] 

The  People  of  the  Stale  of  California,  repres'Med  in  Senate  and  A-isemhly,  do 

enact  as  follows: 

Section  1.  The  Act  entitled  an  Act  to  authorize  the  City  and  County  of 
San  Francisco  to  provide  and  maintain  public  water-works  for  said  city  and 
county,  and  to  condemn  and  purchase  private  property  for  that  purpose, 
approved  April  27th,  A.D.  one  thousand,  eight  hundred  and  seventy^six,  is 
hereby  repealed. 

Sec.  2.  This  Act  shall  take  eflfect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT     CXXXVI. 

1880,  2. 


An  Act  to  transfer  the  records,  papers,  and  business  of  the  Courts 
existing  on  the  31s/  day  of  December,  1879,  to  the  Courts  note 
e.rixting  therein. 

[Approved  February-  4,  1880.] 

The  People  of  the  Stale  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  foUoics: 

Sec.   1.     [Belales  to- the  Supreme  Court. 1 

Sec.  2.     The   Superior   Court  of   each  county  in  this  State  shall,  for  all 
purposes,  be  considered  the  successor  of  the  Di.'-trict,  Ccuuty  and  Probate 


THE  CONSOLIDATION  ACT.  275 

Courts  thereof,  and,  in  the  City  and  County  of  San  Francisco,  of  the  Muni- 
cipal Criminal  Court  and  Municipal  Court  of  Appeals,  and  shall  be  deemed 
to  have  succeeded  to  all  the  unfinished  busiuess  of  said  Courts,  The  Supe- 
rior Courts  shall  hear,  determine,  or  otherwise  dispose  of,  all  causes  and 
proceedings  which  were  pending  on  the  first  day  of  January,  eighteen  hun- 
dred and  eighty,  in  the  said  Courts  superseded  by  them,  and  every  motion 
or  proceeding  then  jiending  or  thereafter  made  or  taken  in  such  causes  and 
proceedings,  and  of  which  said  Courts  would  have  had  jurisdiction  had  they 
not  been  abolished;  and  also,  all  appeals  taken  or  perfected,  before  or  after 
said  day,  from  all  orders  or  judgments  of  Justices'  and  Police  Courts  which 
by  law  are  declared  to  bo  appealable.  From  and  after  the  first  day  of  Janu- 
ary, eighteen  hundred  and  eighty,  the  Superior  Courts  shall  have  the  cus- 
tody of  all  the  records,  books,  and  papers  of  the  said  Courts  superseded  by 
them,  and  shall  have  jurisdiction  thereof,  and  of  the  judgments,  orders,  and 
process  of  said  Courts;  and  shall  enforce  the  same  and  issue  process  thereon 
in  like  manner,  and  with  the  same  effect,  as  if  they  had  in  the  first  instance 
been  filed,  commenced,  rendered,  made,  or  issued  in  or  by  the  Superior 
Court.  The  Superior  Court  of  the  City  and  County  of  San  Francisco  shall 
have  jixrisdietiou  of,  and  shall  try  and  dispose  of,  ail  indiclmeuls  for  mis- 
demeanor pending  in  the  City  Crimin.il  Court  of  said  city  and  county,  on  the 
first  day  of  January,  eighteen  hundred  and  eighty;  and  such  indictments, 
and  all  papers  and  records  relating  thereto,  shall  be  transferred  to  the  said 
Superior  Court  and  become  records  thereof.  Any  application,  motion,  or 
proceeding,  set  by  the  District,  County,  or  Probate  Court  of  any  county,  or 
by  the  Judge  thereof,  to  be  heard  by  such  Court  or  Judge  after  the  first  day 
of  January,  eighteeu  hundred  and  eighty,  may  be  heard  in  the  Superior 
Court  of  such  county,  upon  the  same  notice  that  was  required  to  authorize 
the  hearing  thereof  in  such  District,  County,  or  Probate  Court,  or  by  the 
Judge  thereof.  Any  process  issued  out  of  any  District,  County,  or  Probate 
Court  of  this  State  before  the  first  day  of  January,  eighteen  hundred  and 
eighty,  may  be  served,  or  the  service  thereof  completed,  after  said  day,  in 
the  same  manner,  and  with  like  effect,  as  if  such  Courts  had  not  been  abol- 
.  ished;  provided,  that  such  process  shall  be  returned  to  the  Suijerior  Court  of 
the  county  iu  which  it  was  issued,  and  any  appearance  or  answer  required 
by  such  process  shall  be  made  or  tiled  in  such  Court. 

Sec.  3.  All  prosecutions  which  were  transferred  or  certified  for  trial  to 
the  City  Criminal  Court  of  the  City  and  County  of  San  Francisco,  by  the 
Police  Court,  thereof,  and  were  pending  or  undetermined  on  the  first 
day  of  January,  eighteen  hundred  and  eighty,  shall  be  tried  and  disposed  of 
in  the  said  Police  Court;  and  all  the  jaapers,  pleadings,  and  records  relating 
to  such  proseciations  shall  be  transferred  to,  and  deposited  with  said  Police 
Court,  and  become  records  and  papers  thereof. 

Sec.  4.     This  Act  takes  effect  immediately. 


276  THE  CONSOLIDATION  ACT. 


SUPPLEMENT     CXXXVII. 
1880,  4. 

An  Act  to  continue  m  force  school  teachers'  certificates,  State  educa- 
tional diploma!',  and  life  diplomas. 

[Approved  February  5,  1880.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  All  teachers'  City,  City  and  County,  County,  and  Slate  certifi- 
cates, State  Educational  diplomas,  Life  diplomas,  and  all  other  teachers' 
certificates  and  diplomas  issued  in  the  State  of  California,  under  and  in  pur- 
suance of  the  laws  thereof,  on  or  before  the  Slst  day  of  Decemter,  1879, 
shall  be  and  the  same  are  hereby  continued  in  full  force  andefi'ect,  and  shall 
be  deemed  valid  for  all  purposes,  and  to  the  full  extent  of  time  that  the 
same  were  and  were  intended  respectively  to  be  under  the  said  laws,  on  and 
before  the  said  31st  day  of  December,  A.D.  1879. 

Skc.   2.     This  Act  shall  take  efi'ect  from  and  after  its  passage. 


SUPPLEMENT     CXXXVIII. 

1880,  5. 

A)i  Act  in  relation  'to  certain  deputies  and  assistants  of  Country  ^ 

Clerks, 

[Approved  February  13, 1880.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Section  1.  In  all  cases  in  which  by  statutes  in  force  on  the  thirty-first 
day  of  December,  eighteen  hundred  and  seventy-nine,  the  County  Clerk  of 
any  county,  or  citj"^  and  county,  is  authorized  to  appoint  deputies  or  assist- 
ants, to  whom  duties  are  assigned  by  such  statutes,  in,  or  in  connection  with 
any  of  the  Courts  which  were  abolished  by  the  Constitution,  the  Clerk  may 
assign  to  such  deputies  or  assistants  duties  in,  or  in  connection  with  the  Su- 


THE  CONSOLIDATION  ACT.  277 

perior  Court  of  his  couuty,  or  city  ami  county,  aud  they  shall  bo  entitled  to 
the  same  compensation  as  is  provided  in  said  statutes,  and  the  same  shall  be 
audited  and  paid  at  the  same  time  and  in  the  same  manner  and  from  the 
same  source  as  is  provided  therein. 

Sec.   2.     This  Act  shall  take  efifoct  immediutely. 


SUPPLEMENT     CXXXIX 

1880,  8. 


All.  Act  in  relation  to  the  currency  of  the  United  Stales. 

[Approved  March  12,  1880.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows: 

Section  1.  All  legal  tender  notes  heretofore  issued,  or  which  may  here- 
after be  issued  by  the  Government  of  the  United  States  of  America,  as  legal 
tender  notes,  shall  be  received  at  par  in  payment  for  all  taxes  due  or  to  be- 
come due  to  this  State,  or  to  any  county  or  municipal  corporation  thereof, 
and  such  notes  shall  be  a  legal  tender  for  all  debts,  dues,  and  demands 
between  citizens  of  this  State. 

Skc.  2.  All  Acts,  and  the  provisions  of  any  Acts  or  parts  of  Acts  conflict- 
ing with  this  Act,  are  hereby  repealed. 

Sec.  3.     This  Act  shall  take  effect  and  be  in  force  frooa  aud  after  its  pass- 


SUPPLEMENT     CXL. 
1880,  8. 


An  Act  to  repeal  an  Act  entitled  "An  Act  for  the  appjintimnt 
of  Inspector  of  Stationary  Steam  Boilers  and  Steam 
Tanks,  and  for  the  better  security  of  life  and  property  in 
the  City  and  County  of  San  Irancisco,''  approved  Mirch 
twenty-seventh,  eiyhteen  hundred  and  seventjj-six. 

[Approved  March  12,  1880.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  asfolloics: 

Section  1.     An  Act  entitled  "An  Act  for  the  appointment  of  Inspector  of 


278  THE  CONSOLIDATION  ACT. 

Stationary  Steam  Boilers  and  Steam  Tanks,  and  for  the  better  security  of 
life  and  property  in  the  City  and  County  of  Ban  Francisco,"  approved 
March  twenty-seventh,  eighteen  hundred  and  seventy  six,  is  hereby  re- 
pealed. 

Sec.  2.     This  Act  shall  take  efiect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT     CXLI 

1880,  18. 


An  Act  to  repeal  an  Ad  entitled  "An  Act  to  compel  the  County 
Clerk  of  the  City  and  County  of  San  Francisco  to  keep  open 
his  office  upon  all  election  days,"  approved  March  seventh,  eiyht- 
een  hundred  and  seventy-six. 

[Approved  March  31,  1880.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  folio  irs  : 

Section  1.  An  Act  entitled  "An  Act  to  compel  the  County  Clerk  of  the 
City  and  County  of  San  Francisco  to  keep  open  his  office  upon  all  election 
days,"  approved  March  seventh,  eighteen  hundred  and  seventy-six,  is  here- 
by repealed. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT     CXLII 

1880,  20. 


An  Act  in  relation  to  certain  Deputies,  Assistants  and  Copyists  of 
County  Clerks. 

1  Approved  April  2,  1880.) 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows : 

Section  1.     In  all  cases  in  which,  by  statutes  in  force  on  the   thirty-first 


THE  CONSOLIDATION  ACT.  279 

day  of  December,  eighteen  hnmlred  and  seventyniuo,  the  County  Ckrk  uf 
any  city  and  county  having  over  one  hundred  thousand  inhabitants,  is  au- 
thorized to  appoint  deputies,  assistants,  and  copyiits,  in,  or  in  connection 
with  the  Courts  which  are  abolished  by  the  Constitution  now  in  force,  the 
County  Clerk  may  appoint  four  competent  persons  as  such  deputies,  assist- 
ants, and  cojjyists  for  each  Superior  Court;  and  where  by  law  such  Superior 
Court  is  entitled  to  more  than  one  Judge,  he  may  appoint  four  competent 
persons  as  such  deputies,  assistants,  and  copyists  for  each  additional  Judge; 
and  such  deputies,  assistants,  and  copyists,  so  appointed,  shall  be  entitled 
to  the  same  compensation  as  is  provided  in  said  statutes,  and  the  same 
shall  be  audited  and  paid  at  the  same  time  and  manner  and  from  the  same 
source  as  is  provided  therein.  He  may  also  appoint  such  additional  number 
ot  copyists  as  the  business  of  his  office  shall,  in  his  discretion,  from  time  to 
time,  require  {provided,  said  number  shall  not  exceed,  at  any  one  time,  three 
copyists  for  each  Judge  of  the  Superior  Court),  at  a  compensation  not  to 
exceed  three  dollars  per  day  each,  for  the  days  of  actual  service  rendered; 
such  additional  copyists  shall  be  paid  at  the  same  time  and  manner  as  is 
provided  for  such  deputies,  assistants,  and  copyists. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT     CXLIII, 
1880,    22. 


An  Act  to  provide  for  the  removal  of  Chinese,  whose  presence  is 
dangerous  to  the  well  being  of  communities,  outside  the  limits  of 
cities  and  towns  in  the  State  of  CaUfornia. 

[Approved  April  3,  1880.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  The  Board  of  Trustees  or  other  legislative  authority  of  any 
incorporated  city  or  town,  and  the  Board  of  Supervisors  of  any  incorporated 
city  and  county,  are  hereby  granted  the  power,  and  it  is  hereby  made  their 
duty,  to  pass  and  enforce  any  and  all  acts,  or  ordinances,  or  resolutions 
necessary  to  cause  the  removal  without  the  limits  of  such  cities  and  towns, 
or  city  and  county,  of  any  Chinese  now  within  or  hereafter  to  come  within 
such  limits;  provided,  that  they  may  set  apart  certain  prescribed  portions  of 


280  THE  CONSOLIDATION  ACT. 

the  limits  of  such  cities,  or  towns,  or  city  and  county,  for  the  location  there- 
in of  such  Chinese. 

Sec.  2.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT     CXLIV. 
1880,  23. 

An  Act  to  confer  upon  the  Superior  Court  of  each  county  and  the 
Judge  thereof  the  powers  heretofore  possessed  by  the  District, 
County,  and  Probate  Courts  of  such  county,  and  the  Judges 
thereof^ 

[Approved  April  3,  1880.1 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  In  all  cases  in  which,  on  the  first  day  of  January,  one  thou- 
sand, eight  hundred  and  eighty,  any  authority  or  jurisdiction  was  by  law 
vested  in  the  County  or  Probate  Court  of  any  county,  or  in  the  Judge 
thereof,  or  in  any  District  Court  of  such  county,  or  in  the  Judge  thereof, 
such  jurisdiction  and  authority  shall  hereafter,  while  such  law  continues  in 
force,  be  vested  in  and  exercised  by  the  Superior  Court  of  such  county, 
or  by  a  Judge  thereof. 

Sec.  2.  If  any  Judge  of  the  Superior  Court  of  any  county  was  the  Judge 
of  the  County,  Probate,  or  District  Court,  in  and  for  said  county,  on  the 
first  day  of  January,  eighteen  hundred  and  eighty,  and  any  cause,  proceed- 
ing, or  motion,  wholly  or  partially  tried  before  him,  remains  undecided,  the 
Superior  Court,  when  presided  over  by  him,  may  resume  the  consideration 
or  trial  of  such  cause,  proceeding  or  motion,  at  the  stage  where  it  was  sus- 
pended in  such  Probate,  County,  or  District  Court,  and  may  complete  such 
trial  or  hearing,  or  determine  such  cause,  motion,  or  proceeding,  as  if  the 
same  had  first  been  brought  or  made  in  such  Superior  Court. 

Sec.  3.     This  Act  shall  take  effect  immediately. 


THE  CONSOLIDATION  ACT.  281 


SUPPLEMENT      CXLV 
1880,  61. 


An  Act  to  covfer  power  upon  Supervisors  of  cities  and  counties 
containing  more  than  one  hundred  thousand  inhabitants,  to 
extend  and  complete  all  main  intercepting  sewers  heretofore 
partially  constructed. 

[Approve  1  April  15,  1880.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  The  Supervisors  of  aay  city  and  county  in  this  State  contain- 
ing a.  population  of  more  than  one  hundred  thousand  inhabitants,  shall  have 
power,  and  it  shall  be  the  duty  of  said  Supervisors,  to  promote  the  sanitary 
condition  of  such  city  and  county,  to  complete  all  main  intercepting  sewers 
heretofore  constructed,  or  partially  constructed,  at  the  expense  of  such  city 
and  county,  and  to  extend  the  same  to  a  suitable  and  proper  outlet,  deemed 
necessary  for  sanitary  purposes  in  the  judgment  of  said  Supervisors,  the  ex- 
pense thereof  to  be  chargeable  to  and  to  be  paid  out  of  the  General  Fund  of 
the  treasury  of  such  city  and  county.  The  said  work  to  be  performed  under 
the  charge  and  supervision  of  an  experienced  engineer,  to  be  appointed  by 
said  Board  or  Boards.  The  expense  of  said  work  is  not  to  exceed  one  hun- 
dred and  fifty  thousand  dollars. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT    CXLV I. 
1880,  76. 


An  Act  to  repeal  an  Act  conferring  farllier  powers  upon  the  Board 
of  Supervisors  of  the  City  and  County  of  San  Francisco,  ap- 
proved April  first,  eighteen  hundred  and  seventy -eight. 

[Approved  April  16,  1880.  J 

The  People  of  the  Slate  of  California,  represented  in  Senate  and  Assembli/,  do 

enact  as  follows: 

Section  1.     That  an  Act  conferring  further  powers  upon  the  Board  o 


282  THE  CONSOLIDATION  ACT. 

« 

Supervisors  of   the  City  and  County  of   San  Francisco,  approved  April  first, 
tighteen  hundred  and  seventy-eight,  is  hereby  repealed. 
Sec.  2.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT    CXLYII 
1880,  101. 


An  Act  to  empoioer  consolidated  cities  and  counties  of  over  one 
hundred  thousand  inhabitants,  to  make  alterations  to  county 
prisons  and  County  Jails,  for  sanitary  purposes. 

[Approved  April  16,  1880.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  Board  or  Boards  of  Supervisors,  or  the  Municipal  Coun- 
cil, or  other  governing  bodies  of  consolidated  cities  and  counties  having  a 
population  of  over  one  hundred  thousand  inhabitants,  are  hereby  empowered 
to  enlarge,  construct  additional  cells  in  and  make  necessary  alterations  to 
county  prisons  and  County  Jails  in  said  cities  and  counties,  wherever  the 
same  are  required  for  sanitary  reasons,  and  to  allow  and  order  paid  all  ex- 
penditures therefor  out  of  the  General  Fund  of  said  cities  and  counties. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT    CXLVIII. 

1880,  106. 

An  Act  providing  for  the  appointment  of  an  additional  Notary 
Public  for  the  City  and  County  of  San  Francisco,  for  the 
accommodation  of  the  inhabitants  of  said  city  and  county 
residing  at  the  Presidio. 

[Approved  April  16,  1880.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  The  Governor  is  authorized  to  appoint  and  commission  one 
additional  Notary  Public  for  the  City  and  County  of  San  Francisco,  who 
shall  keep  an  office  for  the  transaction  of  business  in  that  portion  of  the  city 
nd  county  known  as  the  Presidio. 

Sec.  2.     This  Act  shall  take  effect  from  and  after  its  passage. 


THE  CONSOLIDATION  ACT.  283 


SUPPLEMENT     CXLIX 
1880.   114. 


An  Act  to  enipotcer  consoUdoM.d  cities  and  counties  of  over  one 
hundred  thousand  inhabitants  to  pay  out  of  the  General 
Fund  demands  for  rent  of  court-rooms  and  chambers  for 
Superior  Courts,  and  of  Police  Stations,  and  for  salaries 
of  Janitors. 

lApproved  April  10,  18S0.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  The  Board  or  Boards  of  Supervisors,  or  the  Municipal  Coun- 
cil, or  other  governing  bodies  of  consolidated  cities  and  counties  having  a 
population  of  over  one  hundred  thousand  inhabitants,  are  hereby  empow- 
ered to  allow  and  order  "paid  out  of  the  General  Fund  of  said  cities  and  coun- 
ties, all  amounts  required  to  pay  for  rent  of  Court-rooms  and  chambers  for 
the  Superior  Courts,  rents  of  Police  stations,  and  salaries  of  all  porters,  engi- 
neers, and  lirc-meu,  employed  in  public  buildings  and  offices  in  said  cities 
and  counties. 

Sec.  2.     This  Act  thall  take  (Sect  and  be  in  force  from  and  after  its  pass- 


SUPPLEMENT     CL. 


1880,  231. 

An  Act  to  establish  free  public  libraries  and  reading  rooms. 

[Approved  April  26,  1880.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.     For  the  purposes  of  this  Act  cities  of  this  State  are  classified 
as  follows: 

1.  Cities  of  less  than  one  hundred  thousand  population. 

2.  Cities  of  more  than  one  hundred  thousand  population. 

Sec.  2.     The  municipal  authorities  of  any  incorporated  city  of   this  State 
are  authorized  and  empowered  by  a  resolution  duly  jiassed  for  that  purpose 


284  THE  CONSOLIDATION  ACT. 

to  levy  and  collect,  as  in  other  cases,  annually,  a  tax  not  to  exceed  one  mill 
on  the  dollar  for  the  purpose  of  establishing  and  maintaining  in  such  city 
free  public  libraries  and  reading  rooms,  and  purchasing  such  books- 
journals,  and  other  publications,  purchasing  and  leasing  such  real  and  per- 
sonal property,  and  erecting  such  buildings  as  may  be  necessary  therefor. 

Sec.  3.  All  money  and  revenue  paid,  collected,  or  received  bj'  authority 
of  anything  herein  contained,  whether  by  taxation,  gift,  devise,  bequest,  or 
otherwise,  shall  belong  to  and  be  known  and  designated  as  the  "Library 
Fund,"  and  shall  be  paid  into  the  proper  city  treasury,  and  there  kept  sep- 
arate and  apart  from  other  funds,  and  be  drawn  therefrom  as  hereinafter 
provided,  but  only  to  be  used  and  applied  t  j  the  purposes  herein  authorized. 

Sec.  4.  All  property,  real  and  personal,  acquired  by  purchase,  gift,  de- 
vise, bequest,  or  otherwise,  under  the  provisions  of  or  for  any  purpose 
authorized  by  this  Act,  shall  vest,  be,  and  remain  in  the  proper  city,  and 
may  be  protected,  defended,  and  sued  for  by  action  at  law,  or  otherwise,  in 
the  name  of  such  city  as  in  other  cases. 

Sec,  5.  In  a  city  of  less  than  one  hundred  thousand  population  five 
Trustees  shall  be  elected  at  the  same  time  and  in  the  same  manner  as  the 
other  town  officers  are  elected.  They  shall  hold  oifije  the  same  length  of 
time  to  carry  into  effect  the  provisions  of  this  Act.* 

Sec.  6.  In  a  city  of  more  than  one  hundred  thousand  population  the 
Mayor  or  chief  executive  officer,  during  his  continuance  in  office,  and  eleven 
citizens  thereof,  to  be  appointed  by  the  Governor  of  this  State,  shall  consti- 
tute the  first  Board  of  Trustees  of  any  library  or  reading  room  established  or 
acquired  in  such  city  under  this  Act. 

Sec.  7.  The  office  of  Trustee  shall  be  honorary,  without  salary  or  other 
compensation,  and  shall  continue  during  good  behavior;  but  for  good  cause 
a  Trustee  may  be  removed  from  office  by  proceedings  in  the  Superior  Court 
in  behalf  of  the  proper  city  in  manner  provided  for  the  removal  from  office 
of  other  city  officers. 

Sec.  8.  The  Trustees  of  any  library  or  reading  room  established  or  ac- 
quired by  authority  ot  this  Act,  shall  take  charge  of  the  same  and  of  all  real 
and  personal  property  thereunto  belonging,  or  that  may  be  acquired  by  loan, 
purchase,  gift,  devise,  or  otherwise.  They  shall  meet  for  business  f)urposes 
on  the  first  Tuesday  of  each  month,  and  at  such  other  times  as  they  may 
appoint,  at  a  place  to  be  provided  for  the  purpose,  and  a  majority  of  all  their 
number  shall  constitute  a  quorum  for  business.  They  may  appoint  one  of 
their  number  to  act  as  President  of  their  Board,  and  may  elect  a  Librarian. 
They  shall  also  elect  a  Secretary,  who  shall  keep  a  fall  statement  and  account 
of  all  property,  money  receipts  and  expenditures,  and  a  record  and  full  min- 
utes in  writing  of  all  their  proceedings.  The  Secretary  may  certify  to  such 
proceedings,  or  any  part  or  portion  thereof  under  his  hand,  verified  by  an 
official  seal  adopted' and  provided  by  the  Trustees  for  that  purpose. 

Sec.  9.     Such  Trustees,  by  a  majority  vote  of  all  their  members,  to  be 

recorded  in  the  minutes  with  the  ayes  and  noes  at  length,  shall  have  power: 

First— To  make  and  enforce  all  rule's,  regulations,  and  by-laws  necessary 


THE  CONSOLIDATION  ACT.  285 

for  the  administration,  government,  ami  protection  of  bucb  library  aui  read- 
ing room,  and  all  property  belonging  thereto,  or  that  may  be  loaned,  devised, 
bequeathed,  or  donated  to  the  same. 

Second — To  exercise  and  administer  any  trust  declared  or  created  for  such 
library  or  reading  room,  and  to  provide  memorial  tablets  and  niches  to  per- 
petuate the  memories  of  those  persons  who  maj'  make  valuable  donations 
thereto. 

Third — To  remove  any  Trustee  who  may  neglect  to  attend  the  meetings  of 
the  Board  of  Trustees,  or  who  may  absent  himself  from  such  meetings,  or 
without  the  consent  of  the  Board  from  the  State  for  three  consecutive  months ; 
and  to  till  all  vacancies  that  may  from  any  cause  occur  in  the  Board. 

Fourth — To  define  the  powers  and  describe  the  duties  of  any  and  all  offi- 
cers, determine  the  number,  and  elect  all  necessary  subordinate  officers  and 
assistants,  and  at  their  pleasure  remove  any  officer  or  assistant. 

Fifth — To  purchase  necessary  books,  journals,  publications,  and  other 
personal  property. 

Sixth — To  order  the  drawing  and  payment,  upon  properly  authenticated 
vouchers,  duly  certified  by  the  President  and  Secretary,  of  money  from  out 
of  the  Library  Fund  for  any  liability  or  expenditure  herein  authorized;  and 
generally  to  do  all  that  may  be  necessary  to  fully  carry  into  effect  the  provi- 
sions of  this  Act. 

Seventh — To  fix  the  salaries  of  the  Librarian,  Secretary,  and  other  subordi- 
nate officers  and  assistants,  and  by  and  with  the  consent  and  approval  of  the 
legislative  or  other  proper  authority  of  the  proper  city,  expressed  by  resolu- 
tion duly  passed,  to  purchase  said  real  estate,  erect  and  equip  such  buildings 
as  may  be  necessary  for  such  library  and  reading  room. 

Sec.  10.  The  orders  and  demands  of  the  Trustees  of  any  such  library  or 
reading  room  of  any  city,  when  duly  made  and  authenticated,  as  above  pro- 
vided, shall  be  verified  and  audited  by  the  auditiag  officer,  and  paid  by  the 
Treasurer  of  such  city  out  of  the  Library  Fund  properly  belonging  thereto, 
of  which  full  entry  and  record  shall  be  kept  as  in  other  cases. 

Skc.  11.  The  Trustees  of  such  library  or  reading  room,  on  or  before  the 
first  Monday  of  July  of  each  year,  shall  make  an  annual  report  to  the  muni- 
cipal authorities  of  their  city,  giving  the  condition  of  their  trust,  with  full 
statements  of  all  property  and  money  received,  whence  derived,  how  used 
and  expended;  the  number  of  books,  journals,  and  other  publications  on 
hand,  the  number  added  by  purchase,  gift,  or  otherwise,  during  each  year, 
the  number  lost  or  missing,  the  number  and  character  of  those  loaned,  and 
such  other  statistics,  information,  and  suggestions  as  maybe  of  general  inter- 
est. A  financial  report  showing  all  receipts  and  disbursements  of  money 
shall  also  be  made  by  the  Secretary  of  the  Board  of  Trustees,  duly  verified 
by  his  oath. 

Sec.  12,  The  proper  municipal  authorities  of  any  city  wherein  a  public 
library  or  reading  room  may  be  established,  shall  have  power  to  pass  oi'di- 
nances  for  the  protection  of  the  same  and  all  property  thereto  belonging, 
and  for  imposing  penalties  for  the  punishment  of  persons  committing  injury 
to  such  library  or  reading  room,  or  the  property  or  books  thereof,  Or  for  fail- 
ure to  return  any  book  or  other  property  belonging  thereto.   They  shall  also 


286  THE  CONSOLIDATION  ACT. 

have  power,  by  a  resolution  duly  passed  for  siich  purpose,  to  grant,  donate, 
or  authorize  the  use  of  either,  in  whole  or  in  part,  any  land,  square,  or  real 
estate  belonging  to  such  city  or  town,  or  dedicated  to  public  use  therein,  for 
the  purpose  of  erecting  and  maintaining  a  building  to  be  used  only  for  a  pub- 
lic library  and  reading  room  as  herein  authorized. 

Skc.  13.  The  words  "city"  or  "cities"  wherever  used  in  this  Act  are 
intended  to  and  shall  include  all  incorporated  cities  and  towns,  and  cities 
and  counties  with  consolidated  government,  and  shall  be  construed  accord- 
ingly- 

Sec.  14.  An  Act  entitled  "An  Act  to  establish  and  maintain  free  public 
libraries  and  reading  rooms,"  approved  March  the  eighteenth,  eighteen 
hundred  and  seveniy-eight.  is  hereby  repealed.  All  libraries  and  reading 
rooms  heretofore  established  by  authority  of  the  last  mentioned  Act  in  any 
city  or  town,  or  city  and  county,  and  all  property,  real  and  personal,  thereto 
belonging,  shall  be  turned  over  to  the  charge,  custody,  and  administration  of 
such  Trustees  as  may  be  continued  or  appointed  therein  respectively  under 
the  provisions  of  this  Act,  with  like  powers  and  liabilities  as  if  such  library 
had  been  established  under  this  Act. 

Sec.  15.  This  Act  shall  take  effect  on  the  first  day  of  May,  A.D.  eighteen 
hundred  and  eighty. 


SUPPLEMENT     CLI, 

1881,  2. 


An  Act  to  authorize  the  several  counties,  cities  and  counties, 
cities,  and  towns  of  this  State,  and  the  officers  and  Boards 
of  officers  thereof,  to  receive  property  hy  gift,  bequest,  and 
devise,  and  to  hold,  inanage,  and  dispose  of  such  propeHy 
and,  the  income  and  increase  thereof. 

[Approved  February  10, 1881.] 

The  People  of  the  Stale  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  Boards  of  Common  Council,  Supervisors,  Trustees, 
houses  of  legislation,  or  other  legislative  bodies  of  the  several  counties,  cities 
and  counties,  cities,  and  towns  of  this  State,  are  hereby  authorized  to  accept 
or  reject,  as  they  may  deem  advisable,  any  gift,  bequest,  or  devise  heretofore 
or  that  may  be  hereafter  made  to  or  in  favor  of  the  counties,  cities  and  coun- 


THE  CONSOLIDATION  ACT.  287 

ties,  cities,  or  towns  represented  by  them  respectively,  or  to  or  in  favor  of 
any  of  the  oflScers  or  Boards  of  oflBeers  thereof,  in  their  official  capacity,  or 
to  or  in  tbeir  favor  in  trust  for  any  lawful  public  purpose. 

Sec.  2.  The  several  counties,  cities  and  counties,  cities,  and  towns  of 
this  State,  and  the  several  officers  and  Boards  of  officers  thereof,  in  their 
official  capacity,  are  hereby  authorized  to  receive  property  by  gift,  bequest, 
and  devise,  and  to  hold  and  dispose  of  the  same,  and  the  incom3  and  increase 
thereof,  to  and  for  such  lawful  uses  and  purposes  as  have  been  or  may  here- 
after be  prescribed  in  the  terms  of  such  gift,  bequest,  or  devise.  In  the 
event  of  any  such  gift,  bequest,  or  devise  having  been,  or  being  hereafter 
made,  unaccompanied  by  any  provision  prescribing  or  limiting  the  uses  or 
purposes  to  which  the  property  received  thereunder,  or  the  income  or 
increase  thereof  shall  be  put,  such  uses  and  purposes  may  be  prescribed  and 
regulated  by  the  Common  Council,  Board  of  Supervisors,  Board  of  Trustees, 
houses  of  legislation,  or  othi^r  legislative  body  of  the  proper  county,  city  and 
county,  cify,  or  town.  Such  legislative  bodies  may  make  such  regulations 
concerning  the  mode  and  manner  of  carrying  into  effect  the  purposes  as 
aforesaid,  and  devoting  the  property  so  r<ceived,  and  the  income  and  in- 
crease thereof,  to  the  uses  aforesaid,  in  their  respective  counties,  cities  and 
counties,  cities,  and  towns,  as  may  necessary. 


SUPPLEMENT     CLII. 
1881,  54. 


J  a  Act  to  enable  the  Board  of  Sapeinnsors,  Town  Council,  Board 
of  Aldermen,  or  other  legislative  body  of  any  city  and  county, 
city,  or  town,  to  obtain  data  and  information,  from  any  corpor- 
ation, company,  or  person  supplying  water  to  such  city  and 
county,  city,  or  town,  requiring  such  Boards,  Town  Council, 
or  other  legislative  body  to  perform  the  duties  prescribed  by 
section  one,  of  article  fourteen  of  the  Constitution,  and  pre- 
scribing penalties  for  the  non-performance  of  sucli  duties. 

[A.iprovcd  Mai-cli  7,  18S1.J 

The   People  of  the  Stale  of  California,  roprcsenled   in  Senate  and  Assembly, 
do  enact   as  folloics: 

Section.  1.     The  Board  of  Supervisors,  Town  Council,  Board  of  Alder- 
men, or  other    legislative   body  of   any  city  and  county,  city,  or   town,  are 


288  THE  CONSOLIDATION  ACT. 

hereby  authorized  and  empowered,  and  it  is  made  their  official  duty,  to 
annually  fix  the  rates  that  shall  be  charged  and  collected  by  any  person, 
company,  association,  or  corporation  for  water  furnished  to  any  such  city  and 
county,  or  city,  or  town,  or  the  inhabitants  thereof.  Such  rates  shall  be  fixed 
at  a  regular  or  special  session  of  such  Board  or  other  legislative  body,  held 
during  the  month  of  February  of  each  year,  and  shall  take  effect  on  the  first 
day  of  July  thereafter,  and  shall  continue  in  full  force  and  effect  for  the  term 
of  one  year  and  no  longer. 

Sec.  2.  The  Board  of  Supervisors,  Town  Council,  Board  of  Aldermen,  or 
other  legislative  body  of  any  city  and  county,  city,  or  town,  are  hereby 
authorized,  and  it  is  hereby  made  their  duty,  at  least  thirty  days  prior  to  the 
fifteenth  day  of  January  of  each  year,  to  require,  by  ordinance  or  otherwise, 
any  corporatio  - ,  company,  or  person  supplying  water  to  such  city  and 
coiinty,  city  or  town,  or  to  the  inhabitants  thereof,  to  furnish  to  such  Board, 
or  other  governing  body,  m  the  month  of  January  in  each  year,  a  detailed 
statement,  verified  by  the  oath  of  the  President  and  Secretary  of  such 
corporation  or  company,  or  of  such  person,  as  the  case  may  be,  showing  the 
name  of  each  water-rate  payer,  his  or  her  place  of  residence,  and  the  amount 
paid  for  water  by  each  of  such  water-rate  payer3,  during  the  year  preceding 
the  date  of  such  statement,  and  also  showing  all  revenue  derived  from  all 
sources,  and  an  itemized  statement  of  expenditures  made  for  supplying  water 
during  said  time. 

Sec.  3.  Accompanying  the  first  statement  made  as  prescribed  in  section 
two  of  this  Act,  every  such  corporation,  company,  or  person  shall  furnish  a 
detailed  statement,  verified  in  like  manner  as  the  statement  mentioned  in 
section  two  hereof,  showing  the  amount  of  money  actually  expended  annually, 
since  commencing  business,  in  the  purchase,  construction,  and  maintenance, 
respectively,  of  the  property  necessary  to  the  carrying  on  of  *its  business, 
and  also  the  gross  cash  receipts  annually,  for  the  same  period,  from  all 
sources. 

Sec.  4.  Every  corporation,  company,  or  person  who  shall  refuse  or  neg- 
lect to  furnish  the  statements  mentioned  in  sections  two  and  three  of  this 
Act,  or  either  of  them,  or  who  shall  furnish  any  false  statement  in  relation 
thereto,  within  thirty'days  after  having  been  required  or  requested  to  furnish 
the  same  as  prescribed  in  sections  one,  two,  and  three  of  this  Act,  shall  be 
deemed  guilty  of  a  misdemeanor. 

Sec.  5.  Upon  receiving  the  statements  provided  for  in  sections  two  and 
three  of  this  Act,  the  Board  of  Supervisors,  Town  Council,  Board  of  Alder- 
men, or  other  legislative  body,  shall  cause  a  copy  thereof  to  be  made  and 
filed  in  the  office  of  the  County  Kecorder  of  such  city  and  county,  or  of  the 
county  wherein  such  city  or  town  is  situated. 

Sec.  6.  Bates  for  the  furnishing  of  water  shall  be  equal  and  uniform. 
There  shall  be  no  discriminations  made  between  persons,  or  between  persons 
and  corporations,  or  as  to  the  use  of   water  for  private  and  domestic,  and 


THE  CONSOLIDATION  ACT.  289 

public  or  municipal  purposes;  provided,  that  notliiup;  herein  shall  be  so  con- 
strued as  to  allow  any  person,  company,  association,  or  corporation,  to 
charge  any  person,  corporation,  or  association,  anything  for  water  furnished 
them  when,  by  any  present  law,  such  water  is  free. 

Sec.  7.  Any  person,  company,  association,  or  corporation  charging,  or 
attempting  to  collect  from  the  persons,  corporations,  or  municipalities  using 
water,  any  sum  in  excess  of  the  rate  fixed  as  hereinbefore  designated,  shall, 
upon  the  complaint  of  said  Board  of  Supervisors,  Town  Council,  Board  of 
Aldermen,  or  other  legislative  body  thereof,  or  of  any  water-rate  payer,  and 
upon  conviction  before  any  Court  of  competent  jurisdiction,  shall  forfeit  the 
franchises  and  waterworks  of  such  person,  company,  association,  or  corpo- 
ration to  the  city  and  county,  city  or  town,  wherein  the  said  water  is  furnish- 
ed and  used. 

Sec.  8.  Any  Board  of  Supervisors,  or  other  legislative  body  of  anj'  citj' 
apd  county,  city,  or  town  which  shall  fail  or  refuse  to  perform  any  of  the 
duties  prescribed  by  this  Act,  at  the  time  and  in  the  manner  hereinbefore 
specified,  shall  be  deemed  guilty  of  malfeasance  in  office,  and  upon  convic- 
tion thereof,  at  the  suit  of  any  interested  party,  in  any  Court  of  competent 
jurisdiction,  shall  be  removed  from  office. 

Sec.  9.  This  Act  shall  take  effect  and  be  in  force  from  and  after  the  date 
of  its  passage. 


SUPPLEMENT     CLIII. 

1881,  75. 

Ail  Act  to  create  an  additional  Police  Judge  s  Court  for  the 
City  arid  County  of  San  Francisco,  to  define  its  poioers  and 
jurisdiction. 

[Approved  March  7,  1881.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly, 
do  enact  as  folloxos: 

Section  1.  There  is  hereby  created  and  established  in  and  for  the  Citj' 
and  County  of  San  Francisco  an  additional  Police  Judge's  Court,  to  bo 
known  and  designated  as  the  "  Police  Judge's  Court  No.  2,"  which  Court 
shall  have  concurrent  jurisdiction  of  all  preliminary  examinations  of  persons 
charged  with  felony,  and  of  all  misdemeanors  and  violations  of  city  and 
county  ordinances,  and  all  other  offenses  of  which  the  Police  Judge's  Court 
of  said  city  and  county  now  has  jurisdiction. 

Sec.  2.    There  shall  be,  as  far  as  practicable,  an  equal  distribution  of 
19 


290  THE  CONSOLIDATION  ACT. 

cases  between  the  said  Courts,  which  cases  shall  be  alternately  set  down  for 
trial  to  each  Court,  in  the  order  in  which  the  warrants  are  issued. 

Sec.  3.  The  mode  of  examination,  trial,  and  procedure  in  the  Police 
Judge's  Court  No.  2  shall,  in  all  cases,  be  governed  by  the  same  rules  pre- 
scribed by  law  for  other  Police  Courts  in  similar  cases. 

Sec.  4.  A  Judge  of  the  Police  Judge's  Court  No.  2  shall  be  elected  at  the 
same  time  and  in  a  like  manner  as  the  Police  Judge  of  the  Police  Judge's 
Court  of  said  city  and  county,  and  whose  term  of  office  shall  be  the  same. 
The  Governor  of  the  State  of  California  shall,  within  thirty  days  after  the 
passage  of  this  Act,  appoint  some  suitable  person  as  Judge  of  the  Police 
Judge's  Cuurt  No.  2,  who  shall  hold  such  office  until  his  successor  has  been 
elected  and  qualified.  The  compensation  of  the  Judge  of  the  Police  Judge's 
Court  No.  2  shall  be  four  thousand  dollars  per  annum,  payable  in  the  same 
manner  as  the  salary  of  the  Police  Judge  of  said  city  and  county  is  now 
piid. 

Sec.  5.  The  said  Police  Judge's  Court  No.  2  shall  hold  its  session  in  the 
City  and  County  of  San  Francisco,  in  such  central  and  convenient  place  as 
shall  be  provided  for  that  purpose  by  the  Board  of  Supervisors.  The  said 
Board  of  Supervisors  shall  also,  within  thiity  days  after  the  passage  of  this 
Act,  elect  some  suitable  person  as  Prosecuting  Attorney  of  the  said  Police 
Judge's  Court  No.  2,  at  the  same  salary  per  annum  as  is  now  paid  to  the 
Prosecuting  Attorney  of  the  Police  Judge's  Court  of  said  city  and  county. 
And  said  Board  of  Supervi-iors  shall  elect  a  Clerk  of  Court,  at  a  salary  of 
one  thousand  eight  hundred  dollars  per  annum,  payable  in  the  same  manner 
as  the  salaries  of  the  Judge  and  Clerk  of  the  Police  Judge's  Court  of  said 
city  and  county  are  now  paid. 

Sec.  6.  The  Judge  of  the  Police  Judge's  Court  No.  2  shall  be  a  conserv- 
ator of  the  peace  in  said  city  and  county,  and  may  exercise  all  the  powers 
conferred  by  law  upon  the  Police  Judge  as  magistrate. 

Sec.  7.  The  Judge  of  said  Court  shall  appoint  a  suitable  person  to  act  as 
Bailiff  of  said  Court,  who  shall  receive  a  like  compensation  for  such  services 
as  is  now  jiaid  to  the  Bailiff  of  the  Police  (Judge's  Court  for  said  city  and 
county. 

Skc  8.  This  Act  shall  t  ike  effect  and  be  in  force  from  and  after  its  pass- 
age. 


THE  CONSOLIDATION  ACT.  291 


SUPPLEMENT     CLIV. 
1883,  24. 

An  Act  to  provide  for  the  clansificcdion  of  municipal  corpora- 
tions. 

[Approved  Miireli  2,  1S83.1 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  an  follows: 

Section  1.  All  municipal  corporations  within  the  State  are  hereby  classi- 
fied as  follows:  Those  having  a  population  of  more  than  one  hundred 
thousand  shall  constitute  the  first  cliiss;  those  having  a  population  of  more 
than  thirty  thousand,  and  not  exceeding  one  hundred  thousand,  shall  con- 
stitute the  second  class;  those  having  a  population  of  more  than  fifteen 
thousand,  and  not  exceeding  thirty  thousand,  shall  constitute  the  third  class; 
those  having  a  population  of  more  than  ten  thousand,  and  not  exceeding 
fifteen  thousand,  shall  constitute  the  fourth  class;  those  having  a  popula- 
tion of  more  than  three  thousand,  and  not  exceeding  ten  thousand,  shall 
constitute  the  fifth  class;  those  having  a  population  of  not  exceeding  three 
thousand,  shall  constitute  the  sixth  class. 

Sec.  2.  The  censiis  taken  under  the  direction  of  the  Congress  of  the 
United  States,  ii*  the  year  eighteen  hundred  and  eighty,  and  every  ten  years 
thereafter,  shall  be  the  basis  upon  which  the  respective  populations  of  said 
municipal  corporations  shall  be  determined,  unless  a  direct  enumeration  of 
the  inhabitants  thereof  be  made,  as  in  this  Act  provided,  in  which  case  such 
direct  enumeration  shall  constitute  such  basis. 

Sec.  3.  The  Council,  Board  of  Trustees,  or  other  legislative  body  of  any 
municipal  corporation,  may,  at  any  time,  cause  an  enumeration  of  the  in- 
habitants thereof  to  be  made,  and  in  such  manner  and  under  such  regula- 
tions as  such  body  may  by  ordinance  direct.  If  upon  such  enumeration  it 
shall  appear  that  such  municipal  corporation  contains  a  sufficient  number 
of  inhabitants  to  entitle  it  to  reorganize  under  a  higher  or  lower  class,  the 
Common  Council,  Trustees,  or  other  legislative  body,  shall,  upon  receiving 
a  petition  therefor  signed  by  not  less  than  one-fifth  of  the  (jualified  electors 
thereof,  submit  to  the  electors  of  such  city  or  town,  at  the  next  general  elec- 
tion to  be  held  therein,  the  question  whether  such  city  or  town  shall  reor- 
ganize under  the  laws  relating  to  municipal  corporations  of  the  class  to 
which  such  city  or  town  may  belong.  And  thereupon  such  proceedings 
shall  be  had  and  election  held  as  provided  in  the  general  law  for  the  organ- 


292  THE  CONSOLIDATION  ACT.' 

ization,  incorporation,  and  government  of  municipal  corporations.  If  a 
majority  of  the  votes  cast  at  such  election  shall  he  in  fiivor  of  such  reorgan- 
ization, thereafter  such  officers  shall  be  elected  as  are  or  may  be  at  the  time 
prescribed  by  law  for  municipal  corporations  of  the  class  having  the  popu- 
lation under  which  such  reorganization  is  had,  and  from  and  after  the  qual- 
ification of  such  officers,  such  corjaoration  shall  belong  to  such  class. 


SUPPLEMENT     CLY 
1883,  35. 


An  .Act  to  ■provide  for  the  improvement  of  streets,  lanes,  alleys, 
courts,  places,  and  sideivalks,  and  the  construction  of  seivers 
loithin  mxLnicipalities. 

[Approved  March  6,  1SS3.] 

Tlie  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Paet  I. 

Section  1.  No  public  work  or  improvement  of  any  description  whatso- 
ever shall  be  done  or  made  within  any  miinicipality  organized  and  existing 
for  municipal  purposes,  or  hereafter  organized,  in,  upon,  or  about  the 
streets  thereof,  the  cost  or  expense  of  which  is  made  chargeable  or  may  be 
assessed  upon  private  property  by  special  assessment,  except  as  in  this  Act 
provided. 

Sec,  2.  Whenever  the  public  interest  or  convenience  may  require,  the 
City  Council  is  hereby  authorized  and  empowered  to  order  the  whole  or  any 
portion  of  the  streets,  sidewalks,  lanes,  alleys,  courts,  or  places  of  any  such 
city  graded  or  regraded  to  the  official  grade,  jilanked  or  replanked,  paved  or 
repaved,  macadamized  or  remacadamized,  graveled  or  regraveled,  piled  or 
repiled,  capped  or  recapped,  and  to  order  sidewalks,  sewers,  manholes,  cul- 
verts, curbing,  and  crosswalks  to  be  constructed  therein,  and  to  order  any 
other  work  to  be  done  which  shall  be  necessary  to  make  and  complete  the 
whole  or  any  portion  of  said  streets,  sidewalks,  lanes,  alleys,  courts,  or 
places. 

Sec.  3.  Before  ordering  any  work  done,  or  improvement  made,  which  is 
authorized  by  section  two  of  this  Act,  the  City  Council  shall  pass  a  resolu- 
tion declaring  its  intention  so  to  do,  describing  the  work  and  specifying  the 


THE  CONSOLIDATION  ACT.  293 

exterior  boundaries  of  the  district  of  hinds  to  be  affected  or  benefited  by 
said  work  or  improvement,  and  to  be  assessed  to  pay  the  costs  and  expenses 
thereof.  The  Street  Superintendent  shall  thereupon  cause  to  be  conspicu- 
ously posted  along  the  line  of  said  contemplated  work  or  improvement,  at 
not  more  than  three  hundred  feet  in  distance  apart,  but  not  less  than  three 
in  all,  notices  of  the  passage  of  said  resolutions.  Said  notice  shall  be 
headed  "  Notice  of  street  work,"  in  letters  of  not  less  than  one  inch  in 
length,  and  shall,  in  legible  characters,  state  the  fact  of  passage  of  the  reso- 
lution, its  date,  and,  briefly,  the  work  or  improvement  proposed,  and  refer 
to  the  resolution  for  further  particulars.  He  shall  also  cause  a  notice,  sim- 
ilar in  substance,  to  be  published  for  a  period  of  fifteen  days  in  one  or  more 
daily  newspaper  published  and  circulated  in  said  city,  and  designated  by 
said  City  Cooncil,  or  by  two  successive  insertions  in  a  weekly  newspaper  so 
published,  circulated,  and  designated.  The  owners  of  oue-half  or  more  of 
the  frontage  of  the  property  fronting  on  said  proposed  work  or  improvement 
may  make  a  written  objection  to  the  same  within  ten  days  after  the  expira- 
tion of  the  time  of  the  publication  of  said  notice,  which  objection  shall  be 
delivered  to  the  Clerk  of  the  City  Council,  who  shall  indorse  thereon  the 
date  of  its  reception  by  him,  and  such  objection,  so  delivered  and  indorsed, 
shall  be  a  bar  for  six  months  to  the  doing  of  said  work  or  making  said  im- 
provement, except  that  when  the  work  or  improvement  proposed  to  he  done 
is  the  construction  of  sewers,  manholes,  culverts,  crosswalks,  and  sidewalks, 
the  Clerk  shall  lay  said  objection  before  said  City  Council,  which  shall,  at 
its  next  meeting,  fix  a  time  for  hearing  said  objection,  not  less  than  one  week 
thereafter.  The  City  Clerk  shall  thereupon  notify  the  persons  making  such 
objection,  by  depositing  a  notice  thereof  in  the  Post  Office  of  said  city, 
postage  prepaid,  addressed  to  each  objector.  At  the  time  specified,  said 
City  Council  shall  hear  the  objections  urged,  and  pass  upon  the  same,  and 
its  decision  shall  be  final  and  conclusive;  provided,  that  when  any  street  or 
highway  shall  have  been  sewered  its  entire  length,  and  not  more  than  two 
blocks  of  said  street  remain  uu.;?raded,  said  City  Council  may  order  the  grad- 
ing, curbing,  and  macadamizing  or  graveling  of  that  part  of  said  street,  or 
highway,  so  remaining  ungraded,  not  exceeding  two  blocks;  and  said  work 
of  grading,  curbing,  macadamizing,  graveling,  culverting,  crosswalking,  and 
sidewalkiug  said  street  or  highway  for  said  two  blocks  and  less,  shall  not  bo 
stayed  or  prevented  by  any  written  or  other  objection,  unless  such  Council 
shall  deem  proper;  providtd,  also,  that  if  one  half  or  more,  in  width  or 
in  length,  of  any  street  lying  and  being  between  two  main  street  crossings, 
has  been  alrea^ly  improved  as  aforesaid,  said  Council  may  order  the  remain- 
der improved,  uotwithstauding  such  objections  of  property  owners  whose 
property  is  affected  or  benefited  thereby,  and  to  be  assessed  to  pay  the  cost 
and  expense  thereof.  Objections  to  the  extent  of  the  district  of  lauds  to  be 
affected  or  benefited  by  said  work  or  improvement,  and  to  be  assessed  to  pay 
the  costs  and  expenses  thereof,  may  be  made  by  interested  parties  within  the 
time  allowed  for  other  objections;  but  the  City  Council  may,  iu  its  discretion, 


294  THE  CONSOLIDATION  ACT. 

overrule  all  such  objections,  and  if  sostained  after  hearing,  to  be  had  as  in 
this  sectisn  above  provided  in  case  of  other  objections,  all  proceedings  shall 
be  stopped;  but  proceedings  may  be  immediately  again  commenced  by  giv- 
ing fbc  notice  of  intention  to  do  said  work  or  make  said  improvement;  if 
such  objection  is  overruled  by  the  City  Council,  the  proceedings  shall 
continue  the  same  as  if  such  objection  had  not  been  made.  At  the  expira- 
tion of  the  time  prescribed  during  which  objection  to  said  work  or  improve- 
ment may  be  made,  if  no  objection  shall  have  been  made,  or  if  an  objection 
shall  have  been  made,  and  said  Council,  after  hearing,  shall  have  overruled 
the  same,  the  City  Council  shall  be  deemed  to  have  acquired  jurisdiction  to 
order  any  of  the  work  to  be  done,  or  improvements  to  be  made,  which  is 
Huthoiized  by  section  two  of  this  Act.  Before  passing  any  resolution  for 
the  construction  of  said  improvements,  plans  and  specifications,  and  careful 
estimates  of  the  costs  and  expenses  thereof  shall  be  furnished  to  said  City 
Council  by  the  City  Engineer  of  such  city. 

Sec.  4.  Before  giving  out  any  contracts  by  the  City  Council  for  doing 
any  work  authorized  by  section  two  of  this  Act,  the  City  Council  shall 
cause  notice  to  be  published  for  at  least  five  days  in  one  or  more  daily 
newspaper.^,  published  and  circulated  in  said  city,  or  by  at  least  one  inser- 
tion in  a  weekly  or  semi-weekly  newspaper,  so  published  and  circulated, 
and  to  be  conspicuously  posted  for  five  days  on  or  near  the  Council-room  door 
of  said  Council,  inviting  sealed  proposals  for  the  work  contemplated.  All 
proposals  offered  shall  be  accompanied  by  a  check  payable  to  the  order  of 
the  Mayor,  certified  by  a  responsible  bank,  in  an  amount  equal  to  at  least 
ten  per  cent,  of  the  amount  named  in  the  estimate  of  the  City  Engineer,  and 
shall  be  delivered  to  the  Clerk  of  said  City  Council;  and  said  Council  shall, 
in  open  session,  open,  examine,  and  publicly  declare  the  same;  provided, 
hcicever,  that  no  proposal  shall  be  considered  unless  accompanied  by  such 
check  satisfactory  to  the  Council;  and  thereafter,  but  not  later  than  its  next 
regular  meeting,  said  Council  may  reject  the  bid  of  anj'  party  who  has  been 
delinquent  and  unfaithful  in  any  former  contract  with  the  municipality,  and 
shall  reject  all  bids  other  than  the  lowest  regular  bid  of  any  responsible  bid- 
der, and  shall  thereupon  return  to  the  proper  parties  the  respective  checks 
ccrrespouding  to  such  bids  so  rejected.  But  the  check  accompanyins  such  low- 
e.^t  regular  proposal  or  bid  shall  be  held  by  the  City  Treasurer  of  such  city,  and 
said  proposal  or  bid  itself  shall  be  held  by  said  Council,  to  be  disposed  of  as 
hereinafter  provided.  Upon  ascertaining  the  amount  specified  in  such  low- 
est regular  and  responsible  bid,  said  Council  shall  compare  the  same  with 
the  estimate  of  the  cost  and  expenses  theretofore  furnished  by  said  City  En- 
gineer for  said  work  so  bid  upon;  and  if  such  sum  specified  in  such  bid  shall 
be  less  than  or  greater  than  the  estimate  of  said  City  Engineer,  then  said 
City  Council  shall  refer  said  bid  and  said  estimate  to  said  City  Engineer  for 
revision,  and  if,  upon  revision,  said  estimate  shall  correspond  in  amount 
with  amount  specified  in  such  bid,  such  i-evised  estimate,  increased  by  the 
incidental  expenses  of  such  proposed  work,  which  incidental  expenses  shall 


THE  CONSOLIDATION  ACT.  295 

be  determined  by  said  Couucil,  shall  be  and  become  the  estimated  costs  and 
expenses  of  said  proposed  work;  provi^ied,  however,  that  in  all  cages  the  said 
Council  shall  have  power,  in  its  discretion,  to  reject  any  and  all  bids,  and  to 
readvertise  for  proposals,  as  in  the  tirst  instance,  but  without  readvertising 
the  resolution  of  intention,  and  thereafter  the  same  proceedings  shall  be 
had  as  if  the  rejected  bids  had  not  been  presented.  After  proposals  have  been 
received,  examined,  and  declared,  and  after  the  said  Council  shall  have 
ascertained  the  whole  costs  and  expenses  of  the  work,  as  provided  in  this 
section,  the  said  Council  shall  direct  the  City  Engineer  to  make  a  diagram 
of  the  property  affected  or  benefited  by  said  proposed  work,  as  described  in 
the  resolution  of  intention  therefor,  and  to  be  assessed  to  pay  the  expenses 
thereof.  Said  diagram  shall  show  each  separate  lot,  piece,  or  parcel  of  land) 
the  area  in  square  feet  of  each  of  such  lots,  pieces,  or  parcels  of  laud,  and 
the  relative  location  of  the  same  to  the  work  proposed  to  be  done,  all  within 
the  limits  of  the  assessment  district;  and  when  said  diagram  shall  have  been 
approved  by  said  Council,  the  Clerk  shall,  at  the  time  of  such  approval, 
certify  the  fact  and  date  thereof.  Immediatelj'  thereafter,  said  diagram 
shall  be  delivered  to  the  Superintendent  of  Streets,  together  with  a  state- 
ment of  the  final  estimated  costs  and  expenses  of  such  proposed  "work,  fixed 
as  above  provided. 

Skc.  5.  Upon  receipt  of  such  diagram  and  statement,  said  Superiuton- 
dent.of  Streets  shall  proceed  to  estimate  upon  the  lands,  piecf  s  of  land,  lots, 
and  portions  of  lots  within  said  assessment  district,  as  shown  by  said  dia- 
gram, the  benefits  to  arise  from  such  proposed  work,  and  to  be  received  by 
eadi  such  lot,  portion  of  lot,  piece,  or  subdivision  of  land,  and  shall  there- 
upon assess  upon  and  against  said  lands  in  said  assessment  district  the  total 
amount  of  the  costs  and  expenses  of  such  proposed  work,  and  in  so  doing  s-hall 
assess  said  total  sum  upon  the  several  pieces,  parcels,  lots,  portions  of  lots,  and 
subdivisions  of  land  in  said  assessment  district  benefited  thereby,  to  wit: 
upon  each  respectively  in  proportion  to  the  estimated  benefits  to  be  received 
by  each  of  said  several  lots,  portions  of  lots,  pieces,  parcels,  or  subdivisions 
of  land  as  theretofore  determined  by  him,  as  above  provided;  provided  further, 
that  no  assessment  shall  be  levied  on  any  property  which,  together  with  all 
assessmentsfor  street  improvements  that  may  have  been  levied  upon  the  same 
property  during  the  next  preceding  year,  will  amount  to  a  sum  greater  than 
fifty  per  cent,  of  the  value  at  which  said  property  was  assessed  upon  the  last 
preceding  assessment  roll  of  said  city. 

Sec.  G.  Within  five  days  after  the  receipt  by  him  of  said  diagram  and 
statement,  unless  further  time  be  granted  by  said  Council  therefor,  said 
Superintendent  of  Streets  shall  make  out  and  complete  an  assessment  list, 
which  shall  show  and  exhibit  in  separate  columns,  first,  the  name  of  the 
owner  of  each  separate  lot,  piece,  parcel,  or  subdivision  of  land  separately 
assessed,  if  known  to  him,  and  if  the  name  of  the  owner  be  unknown  to  him, 
the  word  "unknown"  shall  be  written  opposite  the  number  of  each  such 
subdivision  of  land;  second,  the  aasessmeni  number  of  each  separate  subdivi- 


296  THE  CONSOLIDATION  ACT. 

sion  of  laud  separately  assessed;  third,  a  brief  description  by  lot  and  block,  or 
otberwise,  of  each  such  subdivision  of  land,  which,  in  connection  with  the 
diagram  hereinbefore  and  hereinafter  mentioned,  shall  be  sufficient  for  the 
identincation  and  location  of  each  such  subdivisions  of  laud;  fourth,  the  esti- 
mated benefits  to  each  such  subdivision  of  land;  fifth,  the  amount  assessed 
separately  to  each  such  subdivision;  and  sixth,  a  list  of  all  separate  lots, 
pieces,  parcels,  or  subdivisions  of  laud,  if  any,  which  are  not  benefited  by 
saiil  work  or  improvement.  To  the  assessment  list  thus  completed,  said 
Superintendent  of  Streets  shall  attach  said  diagram,  showing  the  relative 
location  of  each  of  said  subdivisions  of  land  to  the  work  proposed  to  be 
done;  each  of  which  subdivisions  of  land  shall  be  by  him  numbered  on,  said 
diagram  to  correspond,  each  respectively,  with  its  assessment  number  as 
shown  on  said  assessment  list,  and  said  assessment  list  and  said  diagram  thus 
attached  shall  constitute  and  be  known  as  the  "  assessment  roll;"  said 
assessment  roll,  when  completed,  shall  be  by  said  Superintendent  of  Streets 
filed  with  the  City  Clerk. 

Sec.  7.     Upon  receiving  said  assessment  roll,  said  City  Clerk  shall  forth- 
with give  notice,  by  publication  for  at  least  five  days  in  one  or  more  daily 
newspapers  published  and  circulated  in  such  city,  or  by  at  least  one  inser- 
tion in  a  weekly  newspaper  so  published  and  circulated,  that  said  assessment 
roll  is  on  file  in  his  office,  the  date  of  the  filing  of   the  same,  and   that  the 
same  is  open  for  public  inspection.     The  owners  of  land  in  said  assessment 
district,  whether  named  or  not  in  said  assessment  roll,  and  all  other  persons 
directly  interested  in  any  property  affected  by  the  assessments  set  forth  in 
said  assessment  roll,  feeling  aggrieved  by  any  act  or  determination  of  the 
said  Council  or  said  Superintendent  of  Streets,  in  relation  to  said   assess- 
ments or  assessment  roll,  or  having  or  making  any  objections  to  the  legality 
of  said  assessments  or  assessment  roll,  or  other  act,  or  determination,  or  pro- 
ceeding of  said  Council  or  Superintendent  of  Streets,  shall,  within  ten  days 
after  first  publication  of  such  notice,  appeal  to  said  Council  by  briefly  stating 
their   objections   in  writing,  and   filing   the   sama   with   the   Cierk  of   said 
Council.     After  the  expiration  of  tlie  time  above  provided  for  filing  such 
objections,  the  said  Council  shall,  if  any  such  objections  have  been  filed,  fix  the 
time  for  hearing  the  same,  and  shall  order  the  said  City  Clerk  to  give  notice 
of  the  time  and  place  of  the  hearing  of  the  said  objections  so  filed;  and  said 
notice  shall  be  posted  by  the  City  Clerk  in  three  of  the  most  public  places  in 
said  City  at  least   five  dayii  prior  to  the  day  of   such  hearing.     Upon  the 
hearing  of  such  appeal  or  appeals,  the  said  City  Council  shall  have  power 
to  approve  and  confirm  said  assessment  roll,  or  to  refer  the  same  back  to  the 
said  Superintendent  of  Streets,  with  directions  to  alter  or  modify  the  same  in 
the  particulars  specified  by  the  Council  in  the  resolution  referring  back  the 
same;  and  in  case  of  such  reference  back  to  him,  the  said  Superintendent  of 
Streets  shall  thereupon  proceed  to  make  the  alterations  and  modifications 
specified  in  the  said  resolution  of  reference  of  said  Council.     The  alterations 
and  modifications  aforesaid  having  been  made,  the  assessment  roll  shall  be 


THE  CONSOLIDATION  ACT.  297 

again  subpiitted  to  the  said  Council,  and  if  the  Council,  upon  examination, 
shall  find  that  the  alterations  and  modifications  have  been  made  according 
to  the  directions  contained  in  said  resolution  of  refereuca,  the  said  Council 
shall  adopt  and  confirm  the  same;  but  if  the  said  Superintendent  of  Stret-ts 
shall  have  neglected  or  failed  to  make  the  said  alterations  and  moditicatioDs, 
the  Council  shall  again  refer  the  said  assessment  roll  back  to  the  said  Super- 
intendent of  Streets,  and  so  on  until  the  original  resolution  of  alteration  and 
modification  shall  have  been  complied  with  by  said  Superintendent  of 
Streets,  and  then  the  said  Council  shall  adopt  and  confirm  said  assessment 
roll.  Said  City  Council,  at  a  meeting  subsequent  to  the  expiration  of  eleven 
days  from  and  after  the  first  publication  by  said  Clerk  of  said  notice  that 
said  assessment  roll  has  been  filed  with  him  and  is  open  for  public  inspec- 
tion, shall  adoi:)t  and  confirm  said  assessment  roll,  in  case  no  appeal  shall 
have  been  taken,  as  above  provided  for  in  this  section.  The  adoption  and 
confirmation  of  said  assessment  roll,  as  aforesaid,  shall  be  final  and  conclu- 
sive upon  all  jiersous  entitled  to  an  appeal  under  the  provisions  of  this  sec- 
tion, as  to  all  errors,  informalities,  or  irregularities  which  said  Council 
might  have  remedied  or  avoided. 

Sec.  8.  No  assessment  shall  be  held  invalid  except  upon  appeal  to  the  City 
Council,  as  provided  in  the  preceding  section,  because  of  any  error,  infor- 
mality, or  other  defect  in  any  of  the  proceedings  prior  to  the  assessment,  or 
in  the  assessment  itself,  when  notice  of  the  intention  of  the  City  Council 
to  order  the  work  to  be  done  for  which  the  assessment  is  made  has  been 
published  in  such  newspaper  or  newspapers  of  such  municipality  for 
the  length  of  time  hereinbefore  prescribed  therefor  before  the  passage  of  the 
resolution  ordering  the  work  to  be  done. 

Sec.  9.  Upon  the  adoption  and  oonfirmation  of  the  assessment  roll  as 
hereinbefore  provided,  the  City  Clerk  shall  endorse  thereon  his  certificate,  to 
the  effect  that  said  assessment  roll  has  been  adopted  and  confirmed  by  the 
City  Council,  and  shall  also  give  the  date  of  its  adoption  and  confirmation. 
Said  Clerk  shall  then  deliver  said  assessment  roll  to  the  Superintendent  of 
Streets  of  such  city. 

Sec.  10.  The  Superintendent  of  Streets  shall  thereupon  give  notice  by 
publication  for  ten  days  in  one  or  more  daily  newspapers  jiublished  and  cir- 
culated in  such  city,  or  by  two  successive  insertions  in  a  weekly  uewspajiar 
so  published  and  circulated,  that  he  has  received  said  assessment  roll,  and 
that  all  sums  levied  and  assessed  in  said  assessment  roll  are  due  and  payable 
immediately,  and  that  the  payment  of  said  sums  is  to  be  made  to  him  within 
thirty  days  from  the  date  of  the  first  publication  of  said  notice.  Said  notice 
shail  also  contain  a  statement  that  all  assessments  not  puid  before  the  expira- 
tion of  said  thirty  days  will  be  declared  to  be  delinquent,  and  that  th'^reafter 
the  sum  of  five  per  cent,  upon  the  amount  of  each  delinquent  assessment, 
together  with  the  cost  of  advertising  each  delinquent  assessment,  will  be 
added  thereto.     When   payment  of   any  assessment  is  made  to  said  Super- 


298  THE  CONSOLIDATION  ACT.    ' 

intendent  of  Streets,  he  shall  write  the  word  "  Paid,"  and  the  date  of  pay- 
ment, opposite  the  respective  assessment  so  paid,  and  the  names  of  persons 
by  or  for  whom  said  assessment  is  paid,  and  shall,  if  so  required,  give  a  re- 
ceipt therefoi'.  On  the  expiration  of  said  thirty  days  all  assessments  then 
unpaid  shall  be  and  become  delinquent,  and  said  Superintendent  of  Streets 
shall  certify  such  fact  at  the  foot  of  said  assessment  roll,  and  shall  add  said 
five  per  cent,  to  the  amount  of  each  assessment  so  deUnqueut,  The  said 
Superintendent  of  Streets  shall,  within  five  days  from  the  date  of  said  delin- 
quency, proceed  to  advertise  and  collect  the  various  sums  delinquent,  and 
the  whole  thereof,  including  the  cost  of  advertising,  which  last  shall  not  ex- 
ceed the  sum  of  lifty  cents  for  each  lot,  piece,  or  parcel  of  land  separately 
assessed,  by  the  sale  of  the  assessed  property  in  the  same  manner  as  is  or 
may  be  provided  for  the  collection  of  State  or  ciunty  taxes;  and  after  the 
date  of  said  delinquency,  and  before  the  time  of  such  sale  herein  provided 
for,  no  assessment  shall  be  received  unless  at  the  same  time  the  five  per 
cent,  added  thereto  as  aforesaid,  together  with  the  cost  of  advertising  then 
already  incurred,  shall  be  paid  therewith.  The  said  five  per  cent. ,  when 
collected,  shall  be  jiaid  into  the  General  Fund  of  the  city.  Said  list  of  de- 
linquent assessments  shall  be  published  daily  for  five  days  in  one  or  more 
daily  newspapers  published  and  circulated  in  such  city,  or  by  at  least  one 
insertion  in  a  weekly  newspaper  so  published  and  circulated,  before  the  day 
of  sale  of  such  delinquent  assessments.  Said  time  of  sale  must  not  be  less 
than  seven  nor  more  than  ten  days  from  the  date  of  the  first  publication  of 
said  delinquent  assessment  libt,  and  the  place  must  be  in  or  in  front  of  the 
office  of  said  Superintendent  of  Streets.  All  property  sold  shall  be  subject 
to  redemption  in  the  same  time  and  manner  as  in  sales  for  delinquent  State 
and  county  taxes;  and  the  Superintendent  of  Streets  may  collect  for  each 
certificate  fifty  cents,  and  for  each  deed  one  dollar.  All  fees  collected  by 
said  Superintendent  of  Streets  shall  be  paid  into  the  General  Fund  of  such 
city.  All  provisions  of  the  law  in  reference  to  the  sale  and  redemption  of 
property  for  delinquent  State  and  county  taxes  iu  force  at  any  given  time 
shall  also  then,  so  far  as  the  same  are  not  in  conflict  with  the  provisions  of 
this  Act,  be  applicable  to  the  sale  and  redemption  of  property  for  delinquent 
assessments  hereunder,  including  the  issuance  of  certificates  and  execution 
of  deeds.  Before  the  day  of  sale  for  such  delinquent  assessments  the  Super- 
intendent of  Streets  shall,  from  time  to  time,  pay  over  to  the  City  Treasurer 
all  moneys  collected  and  received  by  him  on  account  of  any  such  assess- 
ments. The  City  Treasurer  shall,  upon  receipt  thereof,  place  the  same  in  a 
separate  fund,  designating  such  fund  by  the  name  of  the  street,  lane,  alley, 
court,  or  place,  for  the  improvement  of  which  the  assessment  was  made. 
And  whenever  sufficient  money  shall  have  been  received  by  said  Treasurer  on 
account  of  any  such  assessment,  to  pay  the  said  estimated  costs  and  expenses 
of  such  work  and  improvement  for  the  payment  of  which  said  assessment 
was  levied  and  collected,  said  Treasurer  shall  report  that  fact  to  said  Coun- 
cil. 


THE  CONSOLIDATION  ACT.  299 

Sec.  U.  Upon  receiving  such  notice  from  said  Tieasursr,  said  Council 
shall  order  the  Treasurer  to  pay  the  incidental  expenses  to  the  persons  en- 
titled thereto,  and  shall  proceed  to  and  shall  a\»ard  the  contract  for  the  work 
and  improvement,  to  pay  the  costs  and  expenses  of  which  said  moneys  shall 
have  been  so  collected,  to  that  person  who  shall  have  theretofore  presented 
the  lowest  regular  responsible  bid  therefor,  as  hereinafter  provided.  If  the 
bidder  to  whom  the  contract  is  thus  awarded  fails,  neglects,  or  refuses  to 
enter  into  a  contract  to  perform  said  work  and  improvement  as  hereinafter 
provided,  then  the  certified  check  accompanying  his  bid  and  the  amount 
therein  mentioned  bhall  be  declared  to  be  forfeited  to  said  city,  and  shall  be 
collected  by  said  city  and  be  paid  into  the  fund  into  which  has  already  been 
paid  said  moneys  so  collected  on  said  assessment.  All  persons,  owners  in- 
cluded, who  shall  fail  to  enter  into  contract  as  herein  provided,  are  hereby 
prohibited  from  bidding  a  second  time  for  the  same  work.  Notice  of  such 
awards  shall  be  published  for  five  days  in  the  same  manner  as  hereinbefore 
provided  for  the  publicution  of  proposals  for  such  work.  The  owners  of  the 
major  part  of  said  area  in  square  feet  of  lots  and  lauds  assessed  for  said  work 
shall  not  be  required  to  present  sealed  proposals,  but  may,  nevertheless, 
within  said  five  days  after  the  first  publication  of  notice  of  said  award,  elect 
to  take  said  work,  and  enter  into  a  written  contract  to  do  the  whole  work  at 
the  pr  ce  at  which  the  same  may  have  been  awarded.  Should  the  said  own- 
ers fail  to  elect  to  take  said  work,  and  to  enter  into  a  written  contract  therefor 
within  said  five  days,  or  to  commence  the  work  within  ten  days  after  the  first 
publication  of  said  award,  and  to  prosecute  the  same  with  diligence  to  com- 
pletion, it  shall  be  the  duty  of  the  Superintendent  of  Streets  to  enter  into  a 
contract  with  the  original  bidder  to  v»hom  the  contract  was  awarded,  and  at 
the  prices  the  same  may  have  been  awarded  him;  but  if  said  original  bidder 
neglects,  for  fifteen  days  after  the  first  publication  of  notice  of  award,  to  en- 
ter into  the  contract,  then  the  City  Council  shall  again  advertise  for  propo- 
sals as  in  the  first  instance,  and  award  the  contract  for  said  work  to  the  then 
lowest  regular  responsible  bidder.  If  the  owners  or  contractor  who  may 
have  taken  said  contract  do  not  complete  the  same  within  the  time  limited 
in  the  contract,  or  within  such  further  time  as  the  City  Council  may  give 
them,  the  said  Superintendent  of  Streets  shall  contract  for  the  completion  of 
the  unfinished  portion  of  said  work,  according  to  the  terms  of  the  original 
contract  therefor,  and  the  costs  and  expenses  so  incurred  in  prosecuting  and 
completing  suclJ* unfinished  work  shall  be  paid  out  of  the  moneys  theretofore 
collected  to  pay  for  the  costs  and  expenses  of  such  work  and  improvements, 
and  not  otherwise.  All  contractors,  contracting  owners  included,  shall,  at 
the  time  of  executing  the  contract  for  such  work,  execute  a  bond  to  the  aitis- 
faction  of  the  City  Council,  which  bond  shall  be  twenty-five  per  cent,  of  the 
amount  of  the  contract  price,  with  two  or  more  sureties,  and  payable  to  such 
city  in  such  sums  as  the  said  City  Council  shall  deem  adequate,  conditioned 
for  the  faithful  performance  of  the  contract;   and  the  sureties  .shall  justify. 


aOO  THE  CONSOLIDATION  ACT. 

before  any  officer  competent  to  administer  an  oath,  in  double  the  amount 
mentioned  in  said  bond,  over  and  above  all  statutory  exemptions. 

Sec.  12.  The  Superintendent  of  Street-s  is  hereby  authorized,  in  his  offi- 
cial capacity,  to  make  all  written  contracts  and  receive  all  bonds  authorized 
by  this  Act,  and  to  do  any  other  act,  either  express  or  implied,  that  pertains 
to  the  Street  Department  under  this  Act,  and  he  shall  fix  the  time  for  the 
commencement  and  for  the  completion  of  the  work,  under  all  contracts 
entered  into  by  him,  which  work  shall  be  prosecuted  with  diligence  from 
day  to  day  thereatter,  to  completion,  and  he  may  extend  the  times  so  fixed 
from  time  to  time,  under  the  direction  of  the  City  Council.  The  work  pro- 
vided for  in  section  two  of  this  Act  must  in  all  cases  be  done  under  the 
direction  and  to  the  satisfaction  of  the  Superintendent  of  Streets,  and  the 
materials  used  shall  be  such  as  are  required  by  said  Superintendent  of 
Streets,  and  all  contracts  made  therefor  must  contain  a  provision  to  that 
efl'ect,  and  also  express  notice  that  in  no  case,  except  where  it  is  otherwise 
provided  in  this  Act,  will  the  city  or  any  officer  thereof  be  liable  for  any  por- 
tion of  the  expense,  nor  for  any  delinquency  of  persons  or  projjerty  assessed. 

Sec.  13.  Whenever  any  contract  shall  have  been  completed,  the  con- 
tractors shall  notify  the  Superintendent  of  Streets,  who  shall  notify  said 
•City  Council  that  said  work  and  improvement,  and  the  contract  therefor, 
have  been  completed.  Thereupon  said  City  Council  shall  direct  the  City 
Clerk  to  give  notice  by  publication  for  five  days,  in  one  or  more  daily  news- 
papers published  and  circulated  in  such  city,  that  said  work  and  improve- 
ment, and  the  contract  therefor,  have  been  completed,  and  that  it  will  hear 
objections  to  the  manner  in  which  said  work  has  been  done  on  the  day 
therein  named,  from  any  or  all  persons  directly  interested  in  said  work. 

Sec.  14.  At  the  time  and  place  fixed  for  said  hearing  of  said  objections, 
said  Council  shall  proceed  to  hear  all  parties  present  and  desiring  to  be 
heard  concerning  the  manner  in  which  said  work  shall  have  been  done.  And 
whenever  said  Council  shall  ascertain  that  said  work  and  improvement  have 
been  completed  in  all  respects  according  to  the  terms  of  the  contract  there- 
for, they  shall,  by  resolution,  accept  such  work  and  improvement,  and  direct 
said  Superintendent  of  Streets  to  issue  to  said  contractor,  a  certificate  that 
said  work  has  been  completed  according  to  contract.  All  acts  and  determi- 
nations of  said  City  Council  to  be  heard  under  the  provisior^  of  this  and  the 
next  preceding  section  shall  be  final  and  conclusive  upon  all  persons  en- 
titled to  be  heard. 

Sec.  15.  "Whenever  any  work  or  improvement  shall  have  been  so  accepted 
the  said  City  Council  shall,  by  resolution,  direct  the  City  Treasurer  to  pay 
out  of  the  appropriate  fund,  at  the  expiration  of  fifteen  days  from  the  pass- 
age of  such  resolution,  to  the  contractor  who  shall  have  so  completed  said 
work  and  improvement,  the  amount  to  which  he  is  entitled  under  the  terms 
of  his  contract;  provided,  hoicever,  that  such  payment  by  the  Treasurer  shall 


THE  CONSOLIDATION  ACT.  301 

be  made  subject  to  the  foUowiug  provision,  to  wit:  That  any  person 
or  persons  who  have  performed  labor  upon,  or  furnished  materials  for 
the  construction  of  said  work  or  improvement,  may  file,  within  said  fifteen 
(lays,  with  the  City  Treasurer,  any  written  claim  or  claims  he  or  they  may 
make,  on  account  of  such  labor  performed,  or  materials  furnished;  and,  at 
the  expiration  of  said  fifteen  days,  said  City  Treasurer  shall  pay  to  said  con- 
tractor the  auiount  specified  in  said  last  named  resolution,  less  the  aggregate 
amount  of  all  such  claims,  if  any,  filed  in  accordance  with  the  provisions  of 
this  section.  Should  any  money  be  retained  bj'  said  Treasurer  on  account 
of  such  claim  or  claims,  he  shall  pay  over  the  amount  of  each  claim  only 
upon  the  order  therefor  of  said  contractor,  indorsed  by  the  claimant  thereof, 
or  upon  the  order  therefor  of  any  Court  of  competent  jurisdiction. 

Sko.  16.  And  when  all  moneys  required  to  be  paid  by  the  said  City 
Treasurer  under  the  last  preceding  section  shall  have  been  by  him  paid,  as 
required  in  said  section,  if  there  is  any  money  remaining  in  the  fund  out  of 
which  said  payments  shall  have  been  made  as  aforesaid,  it  shall  be  the  duty 
of  said  Treasurer  immediately  tt  report  the  amount  of  said  remaining  moneys 
to  said  Council.  Thereupon  it  shall  be  the  duty  of  said  Council  to  empower 
and  direct  said  Treasurer  to  distribute  and  rejjay  such  remaining  moneys, 
and  in  the  proportion  of  the  amounts  of  the  original  assessments,  to  the 
persons  by  or  for  whom  said  original  assessments  were  paid,  or  to  their  legal' 
representatives;  and  it  shall  be  the  duty  of  said  Treasurer,  in  each  instance 
of  such  repayment,  to  require,  receive,  and  file  away  a  receipt  for  said  pro- 
portionate amount  from  said  persons,  or  their  legal  representatives;  and  in 
no  case  shall  a  contractor  who  has  failed  to  fulfill  the  terms  and  conditions 
of  his  contract  be  entitled  to  receive  any  portion  of  the  contract  price  there- 
for, and  he  shall  be  deemed  to  have  forfeited  all  right  to  recover  or  receive 
any  compensation  whatever  under  said  contract. 

Sec.  17.  Whenever  any  portion  of  any  street,  lane,  alley,  court,  or  place 
in  said  city,  improved,  or  any  sidewalk  constructed  thereon  according  to 
law,  shall  be  out  of  repair  and  in  condition  to  endanger  persons  or  property 
passing  thereon,  or  in  condition  to  interfere  with  the  public  convenience  in 
the  use  thereof,  it  «hall  be  the  duty  of  the  said  Superintendent  of  Streets  to 
require,  by  notice  in  writing,  to  be  delivered  to  them  personally,  or  left  on 
the  premises,  the  owners  or  occupants  of  lots,  or  portions  of  lots,  fi-onting 
on  said  portion  of  said  street,  lane,  alley,  court,  or  place,  or  of  said  portion  of 
said  walk  so  out  of  repair,  as  aforesaid,  to  repair  forthwith  said  portion  of  said 
street,  lane,  alley,  court,  or  place  to  the  center  thereof,  or  said  sidewalk  in 
front  of  the  property  of  which  he  is  the  owner,  or  tenant,  or  occupant;  and 
said  Superintendent  of  Streets  shall  specify  in  said  notice  what  repairs  are  re- 
quired to  be  made.  After  the  expiration  of  three  days  from  the  date  of  the 
service  of  said  notice,  the  Superintendent  of  Streets  shall  be  deemed  to  have 
acquired  jurisdiction  to  contract  for  the  making  of  the  repairs  required  by 
said  notice.  If  said  repairs  be  not  commenced  within  three  days  after  notice 
given  as  aforesaid,  and  diligently  and  without  interruption  prosecuted  to 
completion,  the  said  Superintendent  of   Streets  may,  under  authority  from 


302  THE  CONSOLIDATION  ACT. 

said  City  Council,  make  awih  repairs  or  enter  into  a  contract  with  any  suit- 
able person,  at  the  expense  of  the  owner,  tenant,  or  occupant,  at  a  reason- 
able price,  to  be  determinetl  by  said  Superintendent  of  Streets,  and  such 
owner,  tenant,  or  occupant  shall  be  liable  to  pay  the  same.  Upon  the  com- 
pletion of  said  repairs  by  said  contractors  as  aforesaid  to  the  satisfaction  of 
said  Superintendent  of  Streets,  said  Superintendent  of  Streets  shall  make 
and  deliver  to  said  contractor  a  certificate  to  the  effect  that  said  repairs  have 
been  properly  made  by  said  contractor,  and  that  the  charges  for  the  same 
are  reasonable  and  just,  and  that  he,  said  Superintendent,  has  accepted  the 
same. 

Sec.  18.  If  the  expeoses  of  the  work  and  material  for  such  improve- 
ments, after  the  completion  thereof,  and  the  delivery  to  said  contractor  of 
said  certificate,  be  not  paid  to  the  contractor  so  employed,  or  his  agent,  or 
assignee,  on  demand,  the  said  contractor,  or  his  assignee,  shall  have  the 
right  to  sue  such  owner,  tenant,  or  occupant,  for  the  amount  contracted  to 
be  paid;  and  said  certificate  of  the  Superintendent  of  Streets  shall  be  prima 
facie  evidence  of  the  amount  claimed  for  saidVork  and  materials,  and  of  tLe 
right  of  the  contractor  to  recover  for  the  same  in  such  action. 

Sec,  19.  In  addition,  and  as  cumulative  to  the  remedies  above  given,  the 
City  Council  shall  have  power,  by  resolution  or  ordinance,  to  prescribe 
the  penalties  that  shall  be  incurred  by  any  owner  or  person  liable,  or  neg- 
lecting, or  refusing  to  make  repairs  when  required,  as  provided  in  section 
seventeen  of  this  Act,  which  fines  and  penalties  shall  be  recovered  for  the 
use  of  the  city  by  prosecution  in  the  name  of  the  people  of  the  State  of  Cali- 
fornia, in  the  Court  having  jurisdiction  thereof,  and  may  be  applied,  if 
deemed  expedient  by  the  said  Council,  in  the  payment  of  the  expenses  of 
any  such  repairs  not  otherwise  provided  for. 

Sec.  20.  The  records  kept  by  the  Superintendent  of  Streets  of  said  city 
in  conformity  with  the  provisions  of  this  Act,  and  signed  by  him,  shall  have 
the  same  force  and  effect  as  other  public  records,  and  copies  therefrom,  cpr- 
tified  by  him,  may  be  used  in  evidence  with  the  same  effect  as  the  originals. 
The  same  record  shall,  during  all  ofiice  hours,  be  open  to  the  inspection  of 
any  citizen  wishing  to  examine  them. 

Sec.  21.  Notices  in  writing,  which  are  required  to  be  given  by  the  Super- 
intenJient  of  Streets  under  the  provisions  of  this  Act,  may  be  served  by  any 
person,  with  the  permission  of  the  Superintendent  of  Streets,  and  the  fact 
of  such  service  shall  be  verified  by  the  oath  of  the  person  making  it,  taken 
before  the  Superintendent  of  Streets,  or  other  person  authorized  to  adminis. 
ter  oaths;  or  such  notices  may  be  served  by  the  said  Superintendent  of 
Streets  himself.  The  Superintendent  of  Streets  shall  keep  a  record  of  the 
fact  of  giving  such  notices,  when  delivered  by  himself  personally,  and  also 
of  the  notices  and  proof  of  service  when  delivered  by  any  other  person. 

Sec.  22.     The  Superintendent  of  Streets  shall  superintend  and  direct  the 


THE  CONSOLIDATION  ACT.  303 

cleaning  of  all  sewers,  nnrl  the  expense  of  the  same  shall  be  paid  out  of  the 
Street  or  Sewer  Fund  of  such  city. 

Sec.  23.  If  in  consequence  of  any  graded  street  or  public  highway 
improved  under  the  provisions  of  this  Act,  being  out  of  repair  and  in  condi- 
tion to  endanger  persons  or  property  passing  thereon,  any  person  while  care- 
fully lasing  said  street  or  public  highway,  and  exercising  ordinary  care  to 
avoid  the  danger,  sufifer  damage  to  his  person  or  property,  through  any  such 
defect  therein,  no  recourse  for  damages  thus  suffered  shall  be  had  against 
such  city;  but  if  such  defect  in  the  street  or  public  highway  shall  have  ex- 
■isted  for  the  period  of  twenty-four  hours  or  more  after  notice  thereof  to  the 
said  Superintendent  of  Streets,  then  the  person  or  persons  or  whom  the  law 
may  have  imposed  the  obligations  to  repair  such  defect  in  the  street  or  pub- 
lic highway,  and  also  the  of3&cer  or  officers  through  whose  official  negligence 
such  defect  rem  tin  unrepaired,  shall  be  jointly  and  severally  liable  to  the 
party  injured  for  the  damage  sustained. 

Sec.  24.  The  City  Council  of  such  city  shall  have  full  power  and  author- 
ity to  construct  sewers  and  manholes,  culverts  with  crosswalks,  or  culverts 
or  crosswalks,  or  sidewalks,  or  any  portion  of  any  sidewalk,  upon  or  io  any 
street,  lane,  alley,  court,  or  place  in  such  city,  of  such  materials,  iu  such 
a  manner,  and  upon  such  terms  a^  it  may  deem  proper.  None  of  the  work 
or  improvements  described  in  this  section  shall  be  stayed  or  prevented  by 
anj-  written  or  auy  other  remonstrance  or  objection,  unless  such  Council 
deems  proper. 

Sec.  25.  The  City  Council  may,  in  its  discretion,  repair  and  water  streets 
that  shall  have  been  graded,  curbed,  and  planked,  paved  or  macadamized, 
and  may  build,  repair,  and  clean  aewers,  and  shall  provide  a  Street  Contin- 
gent Fund  at  tne  same  time  and  in  the  same  manner  as  other  funds  are  pro- 
vided, out  .of  which  to  pay  the  costs  and  expenses  of  making  said  repairs, 
and  watering  said  streets,  and  building,  repairing,  and  cleaning  said  sewers; 
but  whenever  any  street  requires  regradiug,  recurbing,  repiling,  repaying, 
replanking,  regraveling  or  remacadamiziug,  or  require  new  culverts,  or  new 
crosswalks,  or  new  sidewalks,  the  work  shall  be  advertised  and  let  out  by 
contract,  and  the  costs  and  expenses  thereof  shall  be  assessed  upon  the  prop- 
erty affected  or  benetiied  thereby,  the  same  as  in  the  first  instance. 

Sec.  26.  When  any  street  or  portion  of  a  street  has  been  or  shall  here- 
after be  constructed  to  the  satisfaction  of  said  Superintendent  of  Streets  of 
such  city,  under  such  regulations  as  said  Council  shall  adopt,  the  same  shall 
be  accepted  by  said  Council,  and  thereafter  shall  be  kept  open  and  im- 
proved by  the  said  city,  and  the  expense  thereof  shall  be  paid  out  of  the 
Street  Department  Fund;  provided,  that  the  City  Council  shall  not  accept  of 
any  portion  of  a  street  less  than  the  full  width  thereof  and  one  block  in 
length,  or  one  entire  crossing.  The  Superintendent  of  Streets  shall  keep  iu 
his  office  a  register  of  all  accepted  streets,  the  same  to  be  indexed  so  that 
reference  may  be  easily  had  thereto. 


304  THE  CONSOLIDATION  ACT. 


PART  II. 

Skc.  27.  Whenever  the  City  Council  deem  it  necessary  to  construct  a  re- 
ceiving sewer,  then  the  said  Council  may,  in  its  discretion,  determine  to  con- 
struct said  sewer,  and  assess  the  cost  and  expenses  thereof  upon  the  property 
to  be  afifected  or  benefited  thereby,  as  provided  in  part  one  hereof,  or  said 
Council  may  determine  to  construct  said  sewer  and  pay  therefor  out  of  the 
Street  Contingent  Fund. 

Sec.  28.  If  at  any  time  the  City  Council  shall  deem  it  necessary  to  incur 
any  indebtedness  for  the  construction  of  receiving  sewers,  in  excess  of  the 
money  in  the  Street  Contingent  Fund  applicable  to  the  construction  of  such 
sewers,  thej'  shall  give  notice  of  a  special  election  by  the  qualified  electors 
of  the  city,  to  be  held  to  determine  whether  such  indebtedness  shall  be  in- 
curred. Such  notice  shall  specify  the  amount  of  indebtedness  proposed  to  be 
incurred,  the  route  and  general  character  of  the  sewer  or  sewers  to  be  con- 
structed, and  the  amount  of  money  necessary  to  be  raised  annually  by  taxa- 
tion for  an  Interest  and  Sinking  Fund  as  hereinafter  provided.  Such  notice 
shall  be  published  for  at  least  three  weeks  in  some  newspaper  published  in 
such  city,  and  no  other  question  or  matter  shall  be  submitted  to  the  electors 
at  such  election.  If,  upon  a  canvass  of  the  vote  cast  at  such  election,  it 
appear  that  not  less  than  two-thirds  of  all  the  qualified  electors  voting  at 
such  election  shall  have  voted  in  favor  of  incurring  snch  indebtedness,  it 
shall  be  the  duty  of  the  City  Council  to  pass  an  ordinance  providing  for  the 
mode  of  creating  such  indebtedness,  and  of  paying  the  same;  and  in  such  ordi- 
nance provision  shall  be  made  for  the  levy  and  collection  of  an  annual  tax 
upon  all  the  real  and  personal  property  subject  to  taxation  within  such  city 
sufficient  to  paj'  the  interest  on  such  indebtedness  as  it  falls  due,  and  also  to 
constitute  a  Sinking  Fund  for  the  payment  of  the  principal  thereof  within  a 
period  of  not  more  than  twenty  years  from  the  time  of  contracting  the  same. 
It  shall  be  the  duty  of  the  City  Council  in  each  year  thereafter,  at  the  time 
at  which  other  taxes  are  levied,  to  levy  a  tax  sufficient  for  such  purpose,  in 
addition  to  the  taxes  authorized  to  be  levied  for  city  purposes.  Such  tax, 
when  collected,  bhall  be  kept  in  the  treasury  as  a  separate  fund,  to  be  invio- 
lably appropriated  to  the  payment  of  the  principal  and  interest  of  such  in- 
debtedness. 

Sec.  29.  If  bonds  are  issued  under  the  provisions  of  the  last  section,  said 
bonds  shall  be  in  sums  of  not  less  than  one  hundred  dollars  nor  more  than 
one  thousand  dollars,  shall  be  signed  by  the  Mayor  and  Treasurer  of  the  city, 
and  the  seal  of  the  city  shall  be  affixed  thereto.  Coupons  for  the  interest 
shall  be  attached  to  each  bond,  signed  by  the  Mayor  and  Treasurer.  Said 
bonds  shall  bear  interest,  to  be  fixed  by  the  City  Council,  at  the  rate  of  not 
to  exceed  five  per  cent,  per  annum. 

Sec.  30.     Before  the  sale  of   said  bonds  the  Council  shall,  at  a  regular 


THE  CONSOLIDATION  ACT.  305 

meeting,  by  resolution,  declare  its  intention  to  sell  a  specified  amount  of 
^aid  bonds,  and  the  day  and  hour  of  such  sale,  and  shall  cause  such  resolu- 
tion to  be  entered  in  the  minutes,  and  shall  cause  notice  of  such  sale  to  be 
published  for  fifteen  days  in  at  least  one  newspaper  published  in  the  city  in 
which  the  bonds  are  issued,  and  one  pixblished  in  the  City  and  County  of 
San  Francisco,  and  in  any  other  newspaper  in  the  State,  at  their  discretion. 
The  notice  shall  state  that  sealed  proposals  will  be  received  by  the  Council 
for  the  purchase  of  the  bonds  on  the  day  and  hour  named  in  the  resolution. 
The  Council,  at  the  time  appointed,  shall  open  the  proposals  and  award  the 
purchase  of  the  bonds  to  the  highest  bidder,  but  may  reject  all  bids. 

Sec.  31.  The  Council  may  sell  said  bonds,  at  not  less  than  par  value, 
•without  the  notice  provided  for  in  the  preceding  section. 

Sec.  32.  The  proceeds  of  the  sale  of  the  bonds  shall  be  deposited  in  the 
city  treasury  to  the  account  of  the  lleceiving  Sewer  Fund,  but  no  payment 
therefrom  shall  be  made,  except  to  pay  for  the  construction  of  the  sewer  or 
sewers  for  the  construction  of  which  the  bonds  were  issued,  and  upon  the 
certificate  of  the  Superintendent  of  Streets  and  the  City  Engineer,  that  the 
■work  has  been  done  according  to  contract. 

Sec.  33.  Whenever  said  Council  shall  determine  to  construct  any  receiv- 
ing sewer  and  pay  therefor  out  of  the  Street  Contingent  Fund,  or  by  the 
issuance  of  bonds  as  above  provided,  then  said  Council  shall  cause  to  be 
prepared  plans  and  specifications  of  said  work  in  sections,  and  shall  adver- 
tise for  twenty  days  in  at  least  one  newspaper  published  in  the  city  in  which 
the  sewer  is  to  be  constructed,  and  one  in  the  City  and  County  of  San  Fran- 
cisco, for  sealed  proposals  for  constructing  said  sewer.  The  work  may  be 
let  in  sections,  and  must  be  awarded  to  the  lowest  responsible  bidder.  Coun- 
cil having  the  right  to  reject  any  and  all  bids.  The  work  shall  be  done  and 
the  materials  furnished  under  the  supervision  and  to  the  satisfaction  of  the 
Superintendent  of  Streets  and  the  City  Engineer. 

PART  III. 

Sec.  34.  First — The  City  Engineer  shall  be  the  proper  officer  to  do  the 
.surveying  and  other  engineering  work  necessary  to  be  done  under  this  Act, 
and  to  survey  and  measiire  the  work  necessary  to  be  done  under  contracts 
for  grading  and  macadamizing  streets,  and  to  estimate  the  cost  and  ex- 
penses thereof;  and  every  certificate  signed  by  him  in  his  official  character 
shall  be  prima  facie  evidence,  in  all  the  Courts  in  this  State,  of  the  truth  of 
its  contents.  He  shall  also  keep  a  record  of  all  surveys  made  under  the 
provisions  of  this  Act,  as  in  other  cases.  In  all  those  cities  where  there  is 
no  City  Engineer,  the  City  Council  is  hereby  authorized  and  empowered  to 
appoint  a  suitable  person  to  discharge  the  duties  herein  laid  down  as  those 
of  City  Engineer;  and  all  the  provisions  hereof  applicable  to  the  City  Engi- 
neer shall  apply  to  such  person  so  appointed. 
20 


306  THE  CONSOLIDATION  ACT. 

Second — The  words  "improve,"  "improved,"  and  "improvement,"  as 
used  in  this  Act,  shall  include  all  work  mentioned  in  section  two  of  this  Act, 
and  also  the  reconstruction  of  all  or  any  portion  of  said  work. 

Third — The  term  "incidental  expenses,"  as  nsed  in  this  Act,  shall  in- 
clude the  compensation  of  the  City  Engineer  for  work  done  by  him,  also  the 
cost  of  printing  and  advertising,  except  the  advertising  of  the  delinquent  as- 
sessment list;  also,  the  compensation  of  Superintendents  of  sewers,  and  of 
piling  and  capping. 

Fourth — The  notices  required  to  be  published  by  the  provisions  of  this  Act 
shall  be  published  in  a  daily,  semi-weekly,  or  weekly  newspaper,  to  be  desig- 
nated by  the  Council  of  such  city,  as  often  as  the  same  is  issued;  provided, 
however,  that  in  case  there  is  no  daily,  semi-weekly,  or  wseklj'  newspaper 
printed  and  circulated  in  any  such  city,  then  such  notices  as  are  herein  re- 
quired to  be  published  in  a  newspaper  shall  be  posted,  and  kept  posted,  for 
the  same  length  of  time  as  required  herein  for  the  publication  of  the  same  in 
a  semi-weekly  or  weekly  newspaper,  in  three  of  the  most  public  places  in 
such  city.  Proof  of  the  publication  or  posting  of  any  notice  provided  for 
herein  shall  be  made  by  affidavit. 

Fifth — The  word  "municipality,"  and  the  word  "  city,"  as  used  in  this 
Act,  shall  be  understood  and  so  construed  as  to  include,  and  is  hereby  de- 
clared to  include,  all  corporations  heretofore  organized  and  now  existing,  and 
those  hereafter  organized  for  municipal  purposes. 

Sixth — The  word  "  street,"  as  used  in  this  Act,  shall  be  deemed  to  and  is 
hereby  declared  to  include  highways,  lanes,  alleys,  crossings,  or  intersec- 
tions, courts,  and  places. 

Seventh — The  terms  "Street  Superintendent"  and  "Superintendent  of 
Streets,"  as  used  in  this  Act,  shall  be  understood  and  so  construed  as  to  in- 
clude, and  is  hereby  declared  to  include,  any  person  or  officer  whose  duty  it 
is,  under  the  law,  to  nave  the  care  or  charge  of  the  streets,  or  the  improve- 
ment thereof,  in  any  city.  In  all  those  cities  where  there  is  no  Street 
Superintendent,  or  Superintendent  of  Streets,  the  City  Council  thereof  is 
hereby  authorized  and  empowered  to  appoint  a  suitable  person  to  discharge 
the  duties  herein  laid  down  as  those  of  Street  Superintendent  or  Superin- 
tendent of  Streets;  and  all  the  provisions  hereof  applicable  to  the  Street 
Superintendent  or  Superintendent  of  Streets  shall  apply  to  such  person  so 
appointed. 

Eighth — The  term  "  City  Council,"  is  hereby  declared  to  include  any  body 
or  board  which,  under  the  law,  is  the  legislative  department  of  the  govern- 
ment of  any  city. 

l\'inth — The  term  "  receiving  sewer,"  and  "receiving  sewers,"  as  used  in 
this  Act,  shall  be  construed  to  mean  any  and  all  sewers  which  are  to  be  used 
as  an  outlet  for  ordinary  street  sewers,  and  which  are  to  be  used  as  an  outlet 


THE  CONSOLIDATION  ACT.  :UJ7 

for  thH  sewage  of    a  watershed,  instead  of   au  outlet  for  the  sewage  of   the 
property  abutting  upou  a  street. 

Truth — In  municipalities  in  which  there  is  no  Mayor,  then  the  duties  im- 
posed npon  said  offir-er  by  the  provisions  of  this  Act  shall  be  performed  by 
the  President  of  the  Board  of  Trustees,  or  other  chief  executive  oflScer  of  the 
municipality. 

Eleventh — The  term  "Clerk,"  and  "City  Clerk,"  as  used  in  this  Act,  is 
hereby  declared  to  include  any  person  or  officer  who  shall  be  Clerk  of  said 
City  Council. 

Sj-c.  35.  The  Superintendent  of  Streets  shall,  when  necessary,  appoint  a 
suitable  person  to  take  charge  of  and  superintend  the  constnution  and  im- 
provement of  each  and  evt  ry  sewer  constructed  or  improved  under  the  pro- 
visions of  this  Act,  and  of  piling  and  capping,  whose  duty  it  shall  be  to  see 
that  the  contract  made  for  the  doing  of  said  work  is  strictly  fulfilled  in  every 
respect;  and  in  case  of  any  departure  therefrom,  to  report  the  same  to  the 
Superintendent  of  Streets.  Such  person  shall  be  allowed  for  his  time  actu- 
ally employed  in  the  discharge  of  his  duties  such  compensation  as  shall  be 
just,  but  not  to  exceed  four  dollars  per  day.  The  sum  to  which  the  party  so 
emi^loyed  shall  be  entitled  shall  be  deemed  to  be  incidental  expenses,  within 
the  meaning  of  those  words  as  defined  in  this  .\ct. 

Sec.  36.  All  Acts  and  parts  of  Acts  in  conflict  with  any  of  the  provisions 
of  this  Act  are  hereby  repealed. 

Sec.  37.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pasB- 
•ige. 


SUPPLEMENT     CLIV. 
1883,   295. 

An  Act  to  authorize  cities  to  erect  and  maintain  drawbridges  across 
navigable  streams  that  flow  through  or  penetrate  the  honndaries 
of  such  cities. 

(Approved  .March  13,  1883.] 

The  People  of  tlie  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  It  shall  be  lawful  for  municipal  corporations,  and  they  are 
hereby  authorized  by  their  respective  legislative  body  or  bodies,  to  erect  and 
maintain  drawbridges  across  navigable  streams  that  flow  through  or  pene- 
trate the  boundaries  of  such  cities,  when  the  public  necessities  require  it. 
Such  bridges  shall  in  all  respects  be  constructed  in  accordance  with  the  pro- 
visions of  Section  2,875  of  the  Political  Code. 


308  THE  CONSOLIDATION  ACT. 


SUPPLEMENT     C  L  V. 
1883,  366. 


An  Act  entitled  an  Act  to  grant  to  Boards  of  Health  in  cities  and 
cities  and  counties,  the  poioer  to  regulate  the  plumbing  and 
drainage  of  buildings. 

[Approved  March  15,  1883.] 

The,  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows. • 

Section  1.  Every  master  or  journeyman  plumber,  carrying  on  his  trade 
shall,  under  such  rules  and  regulations  as  the  Board  of  Health  of  such 
county,  or  city  and  county,  shall  prescribe,  register  his  name  and  address  at 
the  Health  Office  of  such  county,  or  city  and  county;  and,  after  the  said 
date,  it  shall  not  be  lawful  for  any  person  to  carry  on  the  trade  of  plumbing 
in  any  county,  or  city  and  county,  unless  his  name  and  address  be  registered 
as  above  provided. 

Sec.  2.  A  list  of  the  registered  plumbers  shall  be  published  in  the  yearly 
report  of  the  Health  Ofl&ce. 

Sec.  3.  The  drainage  and  plumbing  of  all  buildings,  both  public  and 
private,  hereafter  erected  in  any  county,  or  city  and  county,  shall  be  executed 
in  accordance  with  plans  previously  approved,  in  writing,  by  the  Board  of 
Health  of  said  county,  or  city  and  county;  suitable  drawings  and  description 
of  the  said  drainage  and  plumbing  shall,  in  each  case,  be  submitted  and 
placed  on  file  in  the  Health  Office.  The  said  Board  of  Health  are  also  au- 
thorized to  I'eceive  and  place  on  file  drawings  and  descriptions  of  the  drain- 
age and  plumbing  of  buildings  erected  prior  to  the  passage  of  this  Act. 

Sec.  4.  The  Boards  of  Supervisors,  or  other  city  or  county  officials, 
whose  duty  it  is  to  make  appointments  for  the  Board  of  Health  of  such 
county,  or  city  and  countj,  shall  make  the  necessary  apportionments  and  shall 
insert  the  same  in  the  yearly  tax  levy,  to  provide  for  carrying  out  the  provi- 
sions of  this  Act. 

Sec.  5.  Any  court  of  record  in  said  county,  or  city  and  county,  or  any 
Judge  or  Justice  thereof,  shall  have  power  at  any  time  after  the  service  of 
notice  of  the  violation  of  any  of  the  provisions  of  this  Act,  and  upon  the  affi- 
davit of  the  Health  Officer,  or  a  member  of  the  Board  of  Health  of  such 
county,  or  city  and  county,  to  restrain  by  injunction  order  the  further  viola- 
tion named  in  this  Act,  or  of  any  work  upon  or  about  the  building  or  prem- 


THE  CONSOLIDATION  ACT.  309 

ises  upon  which  the  said  viohition  exists,  and  no  undertaking  shall  be  re- 
quired as  a  condition  to  the  granting  or  issuing  of  sufih  injunction,  or  by 
reason  thereof. 

Sec.  6.     Any  person  violating  any  of  the  provisions  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor. 

Sec.   7.     This  Act  shall  take  efifuct  immediately. 


SUPPLEMENT     CLVI 


1885,   12. 

All  Act  to  grant  to  Bocu^ls  of  Health  or  Health  Officers,  in  cities, 
and  cities  and  counties,  the  power  to  regulate  the  plumbing  and 
drainage  of  huildings,  and  to  j:)rovide  for  the  registration  of 
phinih<-rs. 

[Approved  March  3,  1885.] 

The  People  of  the  Slate  of  California,  represented  in  Senate  and  AsscnMy,  do 

enact  as  follows : 

Section  1.  Every  master  or  journeyman  plumber  carrying  on  his  trade 
shall,  under  such  rules  and  regulations  as  the  Board  of  Health  of  a  city,  or 
city  and  county,  shall  prescribe,  register  his  name  and  address  at  the  Health 
Office  of  such  city,  or  city  and  county;  and  after  the  establishment  of  such 
rules  and  regulations  it  shall  not  be  lawful  for  any  person  to  carry  on  the 
trade  in  any  citj',  or  city  and  county,  unless  his  name  and  address  be  regis- 
tered as  above  provided. 

Sec.  2.  A  list  of  the  registered  plumbers  shall  be  published  in  the  yearly 
report  of  the  Health  Officer  or  Board  of  Health. 

Sec.  3.  The  drainage  and  plumbing  of  all  buildings,  both  public  and 
private,  hereafter  erected  in  any  city,  or  city  and  county,  shall  be  executed 
in  accordance  with  plans  previoursly  approved  in  writing  by  the  Board  of 
Health  of  said  city,  or  city  and  county;  and  suitable  drawings  and  descrip- 
tion of  the  said  drainage  and  plumbing  shall,  in  each  case,  be  submitted  to 
the  Board  of  Health,  and  placed  on  tile  in  the  Health  Office.  The  said 
Board  of  Health  is  also  authorized  to  receive  and  place  on  tile  drawings  and 
descriptions  of  the  drainage  and  plumbing  of  buildings  erected  prior  to  the 
passage  of  this  Act. 

Sec.  4.  The  Board  of  Supervisors,  or  other  city,  or  city  and  county,  offi- 
cials, whose  duty  it  is  to  make  appropriations  and   tax   levies   for   general 


310  THE  CONSOLIDATION  ACT. 

purposes  of  such  city,  or  city  and  county,  shall  make  the  necessary  appro- 
priations and  tax  levies,  and  shall  insert  the  same  in  the  yearly  tax  levy,  to 
provide  for  carrying  out  the  provisions  of  this  Act.  Such  appropriations 
and  levy  shall  be  made  at  the  same  time,  and  in  the  same  manner,  as  appro- 
priations and  tax  levies  are  made  for  other  city,  or  city  and  county,  pur- 
poses. 

Sec.  5.  In  any  city,  or  city  and  county,  where  there  is,  under  existing 
laws,  a  HealthOfficer,  but  no  Board  of  Health,  such  HealthOfficer  shall  perform 
all  the  duties  required  by  this  Act  of  the  Board  of  Health  until  a  Board  of 
Health  shall  be  created,  and  in  any  city,  or  city  and  county,  where  there  is 
no  Health  Officer,  nor  Board  of  Health,  the  Board  of  Supervisors,  or  City 
Council,  or  other  municipal  legislative  Board  or  body,  shall  create  a  Board 
of  Health,  who  shall  perforin  all  the  duties  required  by  this  Act  of  the 
Board  of  Health  or  Health  Officer. 

Sec.  6.  Any  Superior  Court,  or  Judge  thereof,  shall  have  power  to 
restrain  by  injunction  the  continuance  of  work  to  be  done  upon  or  about 
buildings  or  premises  where  the  provisions  of  this  Act  have  not  been  com- 
plied with,  and  no  undertaking  shall  be  required  as  a  condition  to  the  grant- 
ing or  issuing  of  such  injunction,  or  by  reason  thereof. 

Sec.  7.  Any  person  violating  any  of  the  provisions  of  this  Act  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  punished 
accordingly. 

Sec.  8.     This  Act  shall  take  effect  imrcediately. 


I 


SUPPLEMENT     CLVII. 

1885.  25. 


All  Act  to  provide  for  the  construction  and  maintenance  of  a 
public  morgue  in  the  City  and  County  of  San  Fran- 
cisco. 

[Approved  March  5,  1885.] 

The  People  of  the  Stale  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco  are  hereby  authorized  to  appropriate  the  surplus  of  money  accu- 
mulated from  the  disintermeDt  fund,  for  the  purpose  of  erecting  a  Morgue 
in  the  City  and  County  of  San  Francisco. 


THE  CONSOLIDATION  ACT.  311 

Sec.  2.  The  buildint,'  so  erected  shall  be  knowu  as  "  The  Public  Morgue" 
of  San  Francisco,  and  the  title  to  the  same  shall  be  vested  in  the  said  city 
and  connty,  absolutely  and  forever.  The  said  Morgue  shall  contain  oflSces 
for  the  Coroner,  suitable  rooms  for  holding  inquests  and  autopsies  upon  the 
dead,  and  all  the  appliances  m  cessary  to  enable  the  Coroner  to  discharge 
the  duties  cf  his  office  in  an  efficient  manner. 

Sec.  3.  The  said  Board  of  Supervisors  are  hereby  authorized  and  re- 
quired to  advertise  for  proposals  for  the  construction,  furnishing,  and  finish- 
ing of  said  Morgue,  and  to  cause  the  said  work  to  be  commenced  and  com- 
pleted in  a  prompt  and  efficient  manner. 

Sec.  4.  The  said  Board  of  Supervisors  are  hereby  authorized  to  use  and 
appropriate  so  much  of  the  public  fund  called  the  "  Disinterment  Fund,"  in 
the  treasury  of  Sau  Francisco,  as  will  be  necessary  for  the  erection,  furnish- 
ing, and  finishing  of  said  Public  Morgue. 

Sec.  5.  The  said  Board  of  Supervisors  is  hereby  authorized  and  required 
to  pay  out  of  the  General  Fund  such  sums  as  may  be  necessary,  per  month, 
for  the  maintenance  of  the  Morgue  and  offices  attached  to  the  Morgue,  and 
the  Auditor  of  said  city  and  county  is  required  to  audit,  and  the  Treasurer 
«hall  pay  said  accounts  out  of  the  General  Fund. 

Sec.  6.     This  Act  shall  be  in  force  from  and  after  its  passage. 


SUPPLEMENT    CLVIII 

1885,   38. 


An  Act  authorizing  tJte  Commissioners  of  any  public  park  in 
this  State,  and  especially  tlie  Park  Commissioners  of 
Golden  Gate  Park,  in  San  Francisco,  to  accept  donations 
and  bequests  in  aid  of  the  improvement  and  embellishment 
of  their  respective  parks,  ami  to  invest  the  funds  derived 
therefrom. 

[Approved  March  !),  1885.) 

The  Peojyle  of  the  State  of  California,  represented  in  Senate  and  Assembli/, 
do  enact  as  follows  : 

Section  1.  The  Commissioners  in  any  public  park  in  this  State,  and 
especially  the  Park  Commissioners  of  Golden  Gate  Park,  in  the  City  and 
County  of  San  Francisco,  are  hereby  authorized  and  empowered  to  accept 
and  receive  donations  and   aid   from  individuals  and    corporations,  and   to 


312  THE  CONSOLIDATION  ACT. 

receive  legacies  and  bequests  by  tlie  last  wills  and  testaments  of  deceased 
persons,  and  especially  to  receive  aid  and  contributions  from  that  certain 
corporation  organized  and  incorporated  under  the  laws  of  the  State  of  Cali- 
fornia, known  as  the  Park  Aid  Improvement  Company,  and  the  moneys 
derived  and  to  be  derived  therefrom  shall  be  and  are  hereby  recogaized  as  a 
portion  of  the  public  funds  belonging  to  said  Park  Commissioners,  and 
applicable  under  the  direction  of  the  said  Park  Commissioners  to  the 
purposes  of  preserving  and  embellishing  the  parks  under  their  respective 
management  and  control. 

Sec.  2.  If  the  funds  derived  as  aforesaid  shall,  at  any  time,  exceed  iu 
amount  the  sum  necessary  for  immediate  expenditure  on  the  said  park 
grounds,  or  if,  in  the  judgment  of  the  said  Park  Commissioners,  it  should 
be  advisable  to  invest  the  same  and  make  the  same  productirve,  the  said 
Park  Commissioners  are  hereby  authorized  to  invest  the  same,  or  any  por- 
tion thereof,  in  interest-bearing  bonds  of  the  Government  of  the  United 
States,  or  of  the  State  of  California,  and  to  use  the  interest  and  income 
thereof  for  the  purposes  aforesaid,  with  the  like  power  to  sell  and  dispose  of 
the  said  bonds  if,  in  their  discretion,  the  principal  thereof  shall  be  necessary 
for  the  purposes  aforesaid. 

Sec.  3.     This  Act  shall  take  effect  and  be  in  force  immediately. 


SUPPLEMENT   CLIX 
1885,  108. 


All  Act  to  authorize  tlie  appointment  of  an  interpreter  of  the  Italian 
language  and  dialects,  in  criminal  proceedings,  in  cities  and 
counties  of  over  one  hundred  thousand  inhabitants. 

[Approved  March  12,  1885.] 

Ttie  People,  of  the  Slate  of  Californiu,  represented  in  Senate  and  Assembly,  do 
enact  as  follows: 

Section  1.  In  all  cities  and  cities  and  counties  of  over  one  hundred 
thousand  inhabitants,  where  an  interpreter  of  the  Italian  language  is  neces- 
sary, it  shall  the  duty  of  the  Mayor  and  Police  Judge  of  such  citj',  or  city 
and  county,  and  of  the  Superior  Judge  of  said  city  and  county,  or  of  the 
county  in  which  said  city  is  situated,  or  where  there  are  more  Judges  than 
one,  then  it  shall  be  the  duty  of  the  presiding  judge  of  said  Superior  Court, 
and  the  Mayor  and  Police  Judge,  to  appoint  an  interpreter  of   the  Italian 


THE  CONSOLIDATION  ACT.  :Jia 

langxiage,  who  shall  be  an  Italian,  and  who  must  also  be  able  to  interpret 
the  Italian  dialects  into  the  English  language,  to  be  employed  in  criminal 
proceedings,  when  necessary,  in  said  cities,  or  cities  and  counties. 

Sec.  2.  The  said  interjireter  shall  receive  a  salary  of  fifteen  hundred 
dollars  per  annum,  which  shall  be  paid  out  of  the  General  Fund  of  such 
city,  or  city  and  county. 

Sec.  3.  This  Act  shall  not  repeal  any  Act  heretofore  miide  and  now  in 
force  for  the  appointment  of  interpreters,  exceiit  so  much  of  any  Act  which 
may  conflict  with  this  Act  in  the  appointment  of  Italian  interpreters. 

Sec.  i.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 


SUPPLEMENT     CLX 
1885,  147. 


All  Act  to  provide  for  work  upon  streets,  lanes,  alleys,  coicrlSy 
places*  and  sidewalks,  and  for  the  construction  of  sewers 
ivitli  in  municipalities. 

[Approved  March  18,  1S85.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

PAKT  I. 

Section  1.  All  streets,  lanes,  alleys,  places,  or  courts,  in  the  municipal- 
ities of  this  State  now  open  or  dedicated,  or  which  may  hereafter  be 
opened  or  dedicated  to  public  use,  shall  be  deemed  and  held  to  be  open 
public  streets,  lanes,  alleys,  places,  or  courts,  for  the  purposes  of  this  Act, 
and  the  City  Council  of  each  municipality  is  hereby  empowered  to  establish 
and  change  the  grades  of  said  streets,  lanes,  alleys,  places,  or  courts,  and 
fix  the  width  thereof,  and  is  hereby  invested  with  jurisdiction  to  order  to 
be  done  thereon  any  of  the  work  mentioned  in  section  two  of  this  Act, 
under  the  proceedings  hereinafter  described. 

Sec.  2.  Whenever  the  public  interest  or  convenience  may  require,  the 
City  Council  is  hereby  authorized  and  empowered  to  order  the  whole  or  any 
portion  of  the  streets,  lanes,  alleys,  courts,  or  places  of  any  such  city  graded 
or  regraded  to  the  official  grade,  planked  or  replauked,  paved  or  repaved, 
macadamized  or  remacadamized,  graveled  or  regraveled,  piled  or  replied, 
capped   or   recapped,  and   to   order   sidewalks,  sewers,  manholes,  culverts. 


314  THE  CONSOLIDATION  ACT. 

curbiug,  and  crosswalks  to  be  constructed  therein,  and  to  order  any 
other  work  to  be  done  which  shall  be  necessary  to  complete  the  whole  or 
any  portion  of  said  streets,  sidewalks,  lanes,  alleys,  courts,  or  places,  and 
it  may  order  any  of  the  said  work  to  be  improved. 

Skc.  3.  Before  ordering  any  work  done,  or  improvements  made,  which 
is  authorized  by  section  two  of  this  Act,  the  City  Council  shall  pass  a  reso- 
lution of  intention  so  to  do,  and  describing  the  work.  The  Street  Super- 
intendent shall  thereupon  cause  to  be  conspicuously  posted  along  the  line  of 
said  contemplated  work  or  improvement,  at  not  more  than  three  hundred 
feet  in  distance  apart,  but  not  less  than  three  in  all,  or  when  the  work  to 
be  done  is  the  improvement  of  an  entire  crossing  in  front  of  each  quarter 
block  liable  to  be  assessed,  notices  of  the  passage  of  said  resolution.  Said 
notice  shall  be  headed  "  Notice  of  Street  Work,"  in  letters  of  not  less  than 
one  inch  in  length,  and  shall,  in  legible  characters,  state  the  fact  of  the  pas- 
sage of  the  resolution,  its  date,  and  briefly,  the  work  or  improvement  pro- 
posed, and  refer  to  the  resolution  for  further  particulars.  He  shall  also 
cause  a  notice,  similar  in  substance,  to  be  published  for  a  period  of  live 
days  in  one  or  more  daily  newspapers  published  and  circulated  in  said  city, 
and  designated  by  said  City  Council,  or  by  one  insertion  in  a  weekly  news- 
paper so  published,  circulated,  and  designated.  The  owners  of  one  half  or 
more  of  the  frontage  of  the  property  fronting  on  said  proposed  work  or 
improvement,  where  the  same  is  for  one  block  or  more,  may  make  a 
written  objection  to  the  same  within  ten  days  after  the  expiration  of  the 
time  of  the  publication  of  said  notice,  which  objection  shall  be  deliv- 
ered to  the  Clerk  of  the  City  Council,  who  shall  indorse  thereon  the  date 
of  its  reception  by  him,  and  such  objection  so  delivered  and  indorsed  shall 
be  a  bar  for  six  months  to  any  further  proceedings  in  relation  to  the 
the  doing  of  said  work  or  making  said  improvement,  unless  the  owners  of 
one  half  or  more  of  the  frontage  as  aforesaid  shall  meanwhile  petition  for 
the  same  to  be  done.  At  any  time  before  issuance  of  the  assessment  roll, 
all  owners  of  lots  or  lands,  liable  to  assessment  therein,  who  after  the  first 
publication  of  said  resolution  of  intention  may  feel  aggrieved,  or  who  may 
have  objections  to  any  of  the  subsequent  proceedings  of  said  Council,  in 
relation  to  the  performance  of  the  work  mentioned  in  said  notice  of  inten- 
tion, shall  file  with  the  Clerk  a  petition  of  remonstrance,  wherein  they  shall 
fetate  in  what  resx)ect  they  feel  aggrieved,  or  the  proceedings  to  which  they 
object;  such  petition  or  remonstrance  shall  be  passed  upon  by  the  said 
City  Council,  and  its  decisions  therein  shall  be  final  and  conclusive.  But 
■when  the  work  or  improvement  proposed  to  be  done  is  the  construction  of 
sewers,  manholes,  eulverts,  crosswalks,  and  sidewalks,  and  the  objection 
thereto  is  signed  by  the  owners  of  one  half  or  more  of  the  frontage  as  afore- 
said, the  said  City  Council  shall,  at  its  next  meeting,  fix  a  time  for  hearing 
said  objection,  not  less  than  one  week  thereafter.  The  City  Clerk  shall 
thereupon  notify  the  persons  making  such  objection,  by  depositing  a  notice 


THE  CONSOLIDATION  ACT.  315 

thereof  in  the  Post  Office  of  said  citj',  postage  prepaid,  addressed  to  each 
objector,  or  his  agent,  when  he  appears  for  such  objector.  At  the  time 
.specified  said  City  Council  shall  hear  the  olijections  urged,  and  pass  vipon 
the  same,  and  its  decision  shall  be  final  and  conclusive,  and  the  said  bar  for 
six  months  to  any  proceedings  shall  not  be  applicable  therein.  And  when 
not  more  than  two  blocks  remain  ungraded  between  one  or  more  blocks  on 
each  side  thereof,  which  have  been  graded,  said  City  Council  may  order  that 
part  of  said  street  or  highway  so  remaining  ungraded,  not  exceeding  two 
blocks,  to  be  graded  and  improved,  and  the  grading  or  improvement  of  said 
tw'o  blocks  or  less  shall  not  be  stiiyed  or  prevented  by  any  written  or  other 
objection,  unless  such  Council  shall  deem  proper.  And  if  one  half  or  more 
in  width  or  in  length,  or  as  to  grading,  one  half  or  more  of  the  grading  work, 
of  any  street  lying  and  being  between  two  successive  main  street  crossings, 
or  if  a  crossing  has  been  already  graded  or  improved  as  afoiesaid,  said  Coun- 
cil may  order  the  remainder  improved,  graded  or  otherwise,  notwithstanding 
such  objections  of  property-owners.  At  the  expiration  of  ten  days  after  the 
expiration  of  the  time  of  the  publication,  and  at  the  expiration  of  tifteeu 
days  after  the  posting  of  any  resolution  of  intention,  if  no  written  objection 
to  the  work  therein  described  has  been  delivered  as  aforesaid  by  the  owners 
of  one-half  or  more  of  the  frontage  of  the  property  fronting  on  said  work  or 
improvemeiit,  the  City  Council  shall  be  deemed  to  have  acquired  jurisdic- 
tion to  order  any  of  the  work  to  be  done,  or  improvement  to  be  made,  which 
is  authorized  by  section  two  of  this  Act.  Before  passing  any  resolution  for 
the  construction  of  said  improvements,  plans,  and  specifications,  and  careful 
estimates  of  the  cost  and  expenses  thereof,  shall  be  furnished  to  said  City 
Council,  if  required  by  it,  by  the  City  Engineer  of  said  city,  and  for  the 
work  of  constructing  sewers,  specifications  shall  always  be  furnished  by  him. 
Whenever  the  estimated  or  actual  cost  of  any  work  contemplated  or  ordered 
to  be  done  by  the  City  Council,  and  chargeable  under  the  provisions  of  this 
Act  against  any  lot  or  lots  of  land,  or  the  owner  thereof,  shall  exceed  one 
half  of  the  assessed  value  of  such  lot  or  lots  as  borne  upon  the  last  assess- 
ment roll  whereon  it  was  assessed,  made  for  the  levying  of  taxes  for  munici- 
pal purposes,  the  amount  of  the  cost  of  said  work,  exceeding  said  one  half  of 
the  assessed  value  of  said  lot  or  lots,  shall  be  paid  out  of  the  city  treasury, 
unless  the  owner  of  such  lot  or  lots  shall,  in  writing,  signed  by  himself  or 
his  authorized  agent,  consent  that  the  whole  expense  of  said  improvement 
may  be  made  a  charge  against  said  lot  or  lots. 

Sec.  4.  The  owners  of  more  than  one-half  in  frontage  of  lots  and  lands 
fronting  on  any  street,  lane,  alley,  place,  or  court,  or  their  duly  authorized 
agents,  may  petition  the  City  Council  to  order  any  of  the  work  mentioned 
in  section  two  of  this  Act  to  be  done,  and  the  City  Council  may  order  the 
work  mentioned  in  said  petition  to  be  done,  after  notice  of  its  intention  so 
to  do  has  been  posted  and  published  ar>  provided  in  .section  three  of  this 
Act. 


316  THE  CONSOLIDATION  ACT. 

Sec.  5.  Before  the  awarding  of  any  contract  by  the  City  Council  for  do- 
ing auj'  work  authorized  by  section  two  of  this  Act,  the  City  Council  shall 
cause  notice  to  be  posted  conspicuously  for  five  days  on  or  near  the  Council 
Chamber  door  of  said  Council,  inviting  sealed  proposals  for  the  work  con- 
templated. All  proposals  offered  shall  be  accompanied  by  a  check  payable  to 
the  order  of  the  Mayor  of  the  city,  certified  by  a  responsible  bank,  for  art 
amount  which  shall  not  be  less  than  ten  per  cent  of  the  aggregate  of  the  pro- 
posal; or,  if  so  prescribed  by  the  City  Council,  by  a  bond  for  the  said 
amount  signed  by  the  bidder  and  by  two  sureties,  who  shall  justify  before 
any  oflBcer  competent  to  administer  an  oath,  in  double  the  said  amount  over 
and  above  all  statutory  exemptions.  Said  proposals  shall  be  delivered  to  the 
Clerk  of  the  said  City  Council,  and  said  Council  shall,  in  open  session,  ex- 
amine and  publicly  declare  the  same;  provided,  however,  that  no  proposal 
shall  be  considered  unless  accompanied  by  said  check  or  bond  satisfactory  to 
the  Council.  The  City  Council  may  reject  any  and  all  bids,  should  it  deem 
this  for  the  public  good,  and  also  the  bid  of  any  party  who  has  been  delin- 
quent and  unfaithful  in  any  former  contract  with  the  municipality,  and  shall 
reject  all  bids  other  than  the  lowest  regular  bid  of  any  responsible  bidder, 
and  may  award  the  contract  for  said  work  or  improvement  to  the  lowest  re- 
sponsible bidder  at  the  prices  named  in  his  bid,  and  shall  thereupon  return 
to  the  proper  parties  the  respective  checks  and  bonds  corresponding  to  the 
bids  so  rejected.  But  the  check  accompanying  such  accepted  proposal  or 
bids  shall  be  held  by  the  City  Clerk  of  said  city  until  the  contract  for  doing 
said  work  as  hereinafter  provided  has  been  entered  into,  either  by  said 
lowest  bidder  or  by  the  owners  of  a  major  part  of  the  frontage,  whereupon 
said  certified  check  shall  be  returned  to  said  bidder.  But  if  said  bidder  fails, 
neglects,  or  refuses  to  enter  into  the  contract  to  perform  said  work  or  im- 
provement, as  hereinafter  provided,  then  the  certified  check  accompany- 
ing his  bid,  and  the  amount  therein  mentioned,  shall  be  declared  to  be 
forfeited  to  said  city,  and  shall  be  collected  by  it  and  paid  into  its  fund  for 
repairs  of  streets,  and  any  bond  forfeited  may  be  prosecuted  and  the 
amount  due  thereon  collected  and  paid  into  said  fund.  Notice  of  such 
awards  of  contract  shall  be  posted  for  five  days,  in  the  same  manner  as 
hereinbefore  provided  for  the  publication  of  proposals  for  said  work.  The 
owners  of  the  major  part  of  the  frontage  of  lots  and  lands  upon  the  street 
whereon  said  work  is  to  be  done,  which  are  liable  to  be  assessed  for  said 
work,  or  their  agents,  and  who  shall  make  oath  that  they  are  such  owners  or 
agents,  shall  not  be  required  to  present  sealed  proposals,  but  maj'  within 
ten  days  after  the  first  posting  of  notice  of  said  award  elect  to  take  said 
work,  and  enter  into  a  written  contract  to  do  the  whole  work  at  the  price  at 
which  the  same  has  been  awarded.  Should  the  said  owners  fail  to  elect 
to  take  said  work  and  to  enter  into  a  written  contract  therefor  within  said 
ten  days,  or  to  commence  the  work  within  fifteen  days  after  the  first 
publication  of  said  award,  and  to  prosecute  the  same  with  diligence  to  com- 
Ijletion,  it  shall  be  the  duty  of  the  Superintendent  of  Streets  to  enter  into  a 


THE  CONSOLIDATION  ACT.  MI 

contract  with  the  original  bidder  to  whuni  the  contract  was  awarded,  and  at 
the  prices  specitied  in  his  bid.  But  if  said  original  bidder  neglects,  fails,  or 
refuses  for  tift'eu  days  after  the  first  posting  of  notice  of  the  award  to  enter 
into  the  contract,  then  the  City  Council  shall  again  advertise  for  proposals, 
-as  in  the  first  instance,  and  award  the  contract  for  said  work  to  the  then 
lowest  regular  x-esponsible  bidder.  The  bids  of  all  persons  and  the  election 
of  all  owners  as  aforesaid  who  have  failed  to  enter  into  contract  as  herein 
provided,  shall  be  rejected  in  any  bidding  or  election  subsequent  to  the  first, 
for  the  same  work.  If  the  owners  or  contractor  who  may  have  taken  any 
■contract  do  not  complete  the  same  within  the  time  limited  in  the  contract,  or 
within  such  fuither  time  as  the  City  Council  may  give  them,  the  Superin. 
tendent  of  Streets  shall  report  such  delinquency  to  the  City  Council,  which 
may  relet  the  unfiuished  portion  of  said  work,  after  pursuing  the  formalities 
prescribed  hereinbefore  for  the  letting  of  the  whole.  All  contractors,  con- 
tracting owners  included,  shall,  at  the  time  of  executing  any  contract  for 
street  work  herein,  execute  a  bond  to  the  satisfaction  and  approval  of  the 
Superintendent  of  Streets  of  said  city,  with  two  or  more  sureties,  and  pay- 
able to  such  city,  in  such  sums  as  the  said  Mayor  shall  deem  adequate,  con- 
ditional for  the  faithful  performance  of  the  contract;  and  the  sureties  shall 
justify  before  any  person  competent  to  administer  an  oath  in  double  the 
amonut  mentioned  in  said  bond  over  and  above  all  statutory  exemptions. 
Before  being  entitled  to  a  contract  the  bidder  to  whom  award  was  made,  or 
the  owners  who  have  elected  to  take  the  contract,  must  advance  to  the  Su- 
perintendent of  Streets  for  payment  by  him  the  cost  of  publication  of  the 
notices  required  hitherto  under  the  proceedings  prescribed  in  this  Act. 

Sec.  6.  The  Superintendent  of  Streets  is  hereby  authorized,  in  his  official 
capacity,  to  make  all  written  contracts,  and  receive  all  bonds  authorized  by 
this  Act,  and  to  do  any  other  act,  either  express  or  implied,  that  pertains  to 
the  Street  Department  under  this  Act;  and  he  shall  fix  the  time  for  the  com- 
mencement, which  shall  not  be  more  than  fifteen  days  from  the  date  of  the 
contract,  and  for  the  completion  of  the  work  under  all  contracts  entered 
into  by  him,  which  work  shall  be  prosecuted  with  diligence  from  day  to  day 
thereafter  to  completion,  and  he  may  extend  the  time  so  fixed  from  time  to 
time,  under  the  direction  of  the  City  Council.  The  work  provided  for  in 
section  two  of  this  Act  must,  in  all  cases,  be  done  under  the  direction  and  to 
the  satisfaction  of  the  Superintendent  of  Streets,  and  the  materials  used 
shall  comply  with  the  specifications  and  be  to  the  satisfaction  of  said 
Superintendent  of  Streets,  and  all  contracts  made  therefor  must  contain  a 
provision  to  that  effect,  and  also  express  notice  that,  in  no  case,  except  where 
it  is  otherwise  provided  in  this  Act,  will  the  city,  or  any  officer  thereof,  be 
liable  for  any  portion  of  the  expense,  nor  for  any  delinquency  of  persons  or 
property  assessed.  The  City  Council  may,  by  ordinance,  prescribe  general 
rules  directing  the  Superintendent  of  Streets  and  the  contractor  as  to  the 
materials  to  be   used,  and   the   mode  of   executing  the  work,  under  all  con- 


318  THE  CONSOLIDATION  ACT. 

tracts  theivafter  made.  The  assessment  and  apportionment  of  the  expenses 
of  all  such  work  or  improvement  shall  be  made  by  the  Superintendent  of 
Streets  in  the  mode  herein  provided. 

Sec.  7.  Subdivision  One— The  expenses  incuri-ed  for  any  work  authorized 
by  section  two  of  this  Act,  which  shall  not  include  such  portion  of  any 
street  as  is  required  by  law  to  be  kept  in  order  or  repair  by  any  person  or 
company  having  railroad  tracks  thereon,  shall  be  assessed  upon  the  lots 
and  lands  fronting  thereon,  except  as  hereinafter  specifically  provided;  each 
lot  or  portion  of  a  lot  being  separately  assessed,  in  proportion  to  the  front- 
age, at  a  rate  per  front  foot  sufficient  to  cover  the  total  expenses  of  the  work . 
But  wherever  the  said  assessment  upon  any  lot  or  portion  of  a  lot  would 
exceed  one-half  the  valuation  of  said  lot,  or  portion  of  a  lot,  as  it  was  last 
assessed  for  municipal  taxation,  then,  unless  the  owner,  or  his  attorney  in 
fact,  shall  have  previously  filed  with  the  Superintendent  of  Streets  a  written 
waiver  of  the  partial  exemption  herein  provided,  Ihe  assessment  and  the  lien 
thereof  upon  said  lot  or  portion  of  a  lot  shall  be  only  to  the  amount  of  one- 
half  of  said  last  preceding  municipal  valuation,  and  the  proper  remainder 
of  said  assessment  shall  be  assessed  to  the  city,  and  be  payable  out  of  the 
city  treasury. 

Subdivision  Two — The  expenses  of  all  improvements,  except  such  as  are 
done  by  contractors,  under  the  provisions  of  section  thirteen  of  this  Act, 
until  the  streets,  street  crossings,  lanes,  alleys,  places,  or  courts,  are 
finally  accepted,  as  provided  in  section  twenty  of  this  Act,  shall  be  assessed 
upon  the  lots  and  lands  as  provided  in  this  section,  according  to  the  nature 
and  character  of  the  work;  (and  after  such  acceptance,  the  expense  of  all 
work  thereafter  done  thereon  shall  be  paid  by  said  city  out  of  the  Street 
Department  Fund). 

Subdivision  Three — The  expense  of  work  done  on  main  street  crossing  shall 
be  assessed  at  a  uniform  rate  per  front  foot  of  the  four  quarter  blocks  ad- 
joining and  cornering  upon  the  crossing,  and  separately  upon  the  whole  of 
each  lot  or  portion  of  a  lot  having  any  frontage  in  the  quarter  blocks  fronting 
on  said  main  streets,  but  only  according  to  its  frontage  in  said  quarter 
blocks. 

Subdivision  Four — "Where  a  main  street  terminates  in  another  main  street, 
the  expenses  of  the  work  done  on  one  half  of  the  width  of  the  street  oppo- 
site the  termination  shall  be  assessed  upon  the  lots  in  each  of  the  two  quar- 
ter blocks  adjoining  and  cornering  on  the  same,  according  to  the  frontage  of 
such  lots  on  said  main  streets,  and  the  expense  of  the  other  half  of  the  width 
of  said  street,  upon  the  lot  or  lots  fronting  on  the  latter  half  of  the  street 
opposite  such  termination. 

Subdivision  Five — Where  any  small  or  subdivision  street  crosses  a  main 
street,  the  expense  of  all  work  done  on  said  crossings  shall  be  assessed  on 
all  the  lots  or  portions  of  lots  half  way  on  said  small  streets  to  the  next 
crossing  or  intersection,  or  to  the  end  of  such  small  or  subdivision  street,  if 
it  does  not  meet  another. 


THE  CONSOLIDATION  ACT.  319 

Subdivision  Six — The  expense  of  work  done  on  small  or  subdivision  street 
crossings  shall  be  assessed  upon  the  lots  fronting  upon  such  small  streets,  on 
each  side  thereof,  in  all  directions,  half  way  to  the  next  street,  place,  or 
court,  on  either  side,  respectively,  or  to  the  end  of  such  street,  if  it  does  not 
meet  another. 

Subdivision  Seven — Where  a  small  street,  lane,  alley,  place,  or  court,  ter- 
minates in  another  street,  lane,  alley,  place,  or  court,  the  expense  of  the 
work  done  on  one  half  of  the  width  of  the  street,  lane,  alley,  place,  or  court, 
opposite  the  termination,  shall  be  assessed  upon  the  lot  or  lots  fronting  on 
such  small  street,  or  lane,  alley,  place,  or  court,  so  terminating,  according 
to  its  frontage  thereon,  half  way  on  each  side,  respectively,  to  the  next  street, 
lane,  alley,  place,  or  court,  or  to  the  end  of  such  street,  lane,  alley,  place,  or 
court,  if  it  does  not  meet  another;  and  the  other  oue  half  of  the  width  upon 
the  lots  fronting  such  termination. 

Subdivision  Eight — Where  any  work  mentioned  in  section  two  of  this  Act 
(sewers,  manholes,  cesspools,  culverts,  crosswalks,  crossings,  curbings, 
grading,  curbin'^,  piling,  and  capping  excepted)  is  done  on  one  side  of  the 
center  line  of  said  streets,  lanes,  alleys,  places,  or  courts,  the  lots  or  por- 
tions of  the  lots  fronting  on  that  side  only  shall  be  as-essed  to  cover  the 
expenses  of  said  work,  according  to  the  provisions  of  this  section. 

Subdivision  Xine — Section  one  of  chapter  three  hundred  and  twenty-five 
of  the  laws  of  this  State  entitled  an  Act  amendatory  of  and  supplementary  to 
an  Act  to  provide  revenue  for  the  support  of  the  government  of  this  State, 
approved  April  twenty-ninth,  eighteen  hundred  and  fifty-seven,  approved 
April  nineteenth,  eighteen  hundred  and  fifty-nine,  shall  not  be  applicable 
to  the  provisions  of  this  t-ection,  but  the  property  herein  mentioned  shall  be 
subject  to  the  provisions  of  this  Act,  and  to  be  assessed  for  work  done  under 
the  provisions  of  this  section. 

Subdivision  Ten — It  shall  be  lawful  for  the  owner  or  owners  of  lots 
or  lands  fronting  upon  any  street,  the  width  and  grade  of  which  have 
been  established  by  the  City  Council,  to  perform  at  his  own  expense  (after 
obtaining  from  the  Council  permission  so  to  do,  but  before  said  Council  has 
passed  its  resolutions  of  intention  to  order  grading  inclusive  of  this)  any 
grading  upon  said  street  to  its  full  width,  and  to  its  grade  as  then  established, 
and  thereupon  to  procure,  at  his  own  expense,  a  certificate  from  the  City 
Engineer,  setting  forth  the  number  of  cubic  yards  of  cutting  and  tilling  made 
by  him  or  them  in  said  grading,  and  the  proportions  pc  rf  ormed  by  each 
owner,  and  that  the  same  is  done  to  the  established  width  and  grade  of  said 
street,  and  thereafter  to  file  said  certificate  with  the  Superintendent  of  Streets, 
which  certificate  the  Superintendent  shall  record  in  a  book  kept  for  that 
purpose  in  his  office,  properly  indexed.  Whenever  thereafter  the  City 
Council  orders  the  grading  of  said  street,  or  any  portion  thereof,  on  which 
any  grading  certificated  as  aforesaid,  has  been  done,  the  bids  and  the  con- 


320  THE  CONSOLIDATION  ACT. 

tract  must  express  the  prices  by  the  cubic  yard  for  cutting  and  filliug  in 
grading;  and  the  said  ownel'  and  his  successors  in  interest  shall  be  entitled  to 
credit  on  the  assessment  upon  his  lots  and  lands  fronting  on  said  street 
for  the  grading  thereof,  to  the  amount  of  the  cubic  yards  of  cutting  and 
filling  set  fcrth  ia  his  said  certificate,  at  the  prices  named  in  the  contract 
for  said  cutting  and  filling,  or  if  the  grade  meanwhile  has  been  duly  altered, 
only  for  so  much  of  said  certificated  work  as  would  be  required  for  grad- 
ing to  the  altered  grade;  provided,  however,  that  such  owner  shall  not  be 
entitled  to  such  credit  as  may  be  in  excess  of  the  assessments  for  grading 
upon  the  lots  and  lands  owned  by  him  and  proportionately  assessed  for 
the  whole  of  said  grading;  and  the  Superintendent  of  Streets  shall  include 
in  the  assessment  for  the  whole  of  said  grading  upon  the  same 
grade  the  number  of  cubic  yards  of  cutting  and  filling  set  forth  in 
any  and  all  certificates  so  recorded  in  his  ofiice,  or  for  the  whole  of 
said  grading  to  the  duly  altered  grade  so  much  of  said  certificated  work  as 
would  be  required  for  grading  thereto,  and  shall  enter  corresponding  credits, 
deducting  the  same  as  payments  made  upon  the  amounts  assessed  against 
the  lots  and  lands  owned  respectively  by  said  certificated  owners  and  their 
successors  in  interest;  provided,  however,  that  he  shall  not  so  include  any 
grading  quantities,  or  credit  any  sums  in  excess  of  the  jDroportionate  assess- 
ments for  the  whole  of  the  grading  which  are  made  upon  any  lots  and  lands 
fronting  upon  said  street  and  belonging  to  any  such  certificated  owners,  or 
their  successors  in  interest. 

Subdivision  Eleven — The  City  Council  may  include  in  one  resolution  of 
intention  and  order  any  of  the  different  kinds  of  work  mentioned  in  section  two 
of  this  Act,  and  it  may  except  therefrom  any  of  said  work  already  done  upon  the 
grade.  The  lots  and  portions  of  lots  fronting  upon  said  excepted  work  shall 
not  be  included  in  the  frontage  assessment  for  the  class  of  work  from  which 
the  exception  is  made;  provided,  that  this  shall  not  be  so  construed  as  to  af- 
fect the  special  provisions  as  to  grading  contained  in  subdivision  ten  of  this 
section. 

Sec.  8.  After  the  contractor  of  any  street  work  has  fulfilled  his  contract 
to  the  satisfaction  of  the  Street  Superintendent  of  the  said  city,  or  City 
•Council  on  appeal,  the  Street  Superintendent  shall  make  an  assessment  to 
cover  the  sum  due  for  the  work  performed  and  specified  in  said  contracts 
(including  any  incidental  expenses),  in  conformity  with  the  provisions  of 
the  preceding  section,  according  to  the  character  of  the  work  done  ;  or,  if 
any  direction  and  decision  shall  be  given  by  said  Council  on  appeal,  then, 
in  conformity  with  such  direction  and  decision,  which  assessment  shall 
briefly  refer  to  the  contract,  the  work  contracted  for  and  performed,  and 
shall  show  the  amount  to  be  paid  therefor,  together  with  any  incidental  ex- 
penses, the  rate  per  front  foot  assessed,  the  amount  of  each  assessment,  the 
name  of  the  owner  of  each  lot,  or  portion  of  a  lot  (if  known  to  the  Street 
Superintendent);  if  unknown,  the  word  "unknown"  shall  be  written  oppo- 
site the  number  of  the  lot,  and  the  amount  assessed  thereon,  the  number  of 
■each  lot  or  portion  of  a  lot  assessed,  and  shall  have  attached  thereto  a  dia- 


THE  CONSOLIDATION  ACT.  321 

gram  exhibiting  each  street  or  street  crossmg,  lane,  alley,  place,  or  court,  on 
which  any  work  has  been  done,  and  showing  the  relative  location  of  each 
distinct  lot  or  portion  of  a  lot  to  the  work  done,  numbered  to  correspond 
with  the  numbers  in  the  assessments,  and  showing  the  number  of  feet  front- 
ing assessed  for  said  work  contracted  for  and  performed. 

Skc.  9.  To  said  assessment  shall  be  attached  a  warrant,  which  shall  be 
signed  by  the  Superintendent  of  Streets,  and  countersigned  by  the  Mayor  of 
said  city.     The  said  warrant  shall  be  substantially  in  the  following  form: 

FOEM    OF    THE    WARRANT. 

"  By  virtue  hereof,  I  (name  of  Superintendent  of  Streets)  of  the  City  of 

,  County  of ,  [or  City  and  County  of ,  ]  and  State  of  CaU- 

fornia,  by  virtue  of  the  authority  vested  in  me  as  said  Superintendent  of 
Streets,  do  authorize  and  empower  (name  of  contractor)  (his  or  their) 
agents  or  assigns,  to  demand  and  receive  the  several  assessments  upon  the 
assessment  and  diagram  hereto  attached,  and  this  shall  bd  (his  or  their) 
warrant  for  the  same. 

"(Date.)  (Name  of  Superintendent  of  Streets.) 

"  Countersigned  by  (name  of)  Mayor. " 

Said  warrant,  assessment,  and  diagram  shall  be  recorded  in  the  office  of  said 
Superintendent  of  Streets.  When  so  recorded  the  several  amounts  assessed 
shall  be  a  lien  upon  the  lands,  lots,  or  portions  of  lots  assessed,  respectively, 
for  the  period  of  two  years  from  the  date  of  said  recording,  unless  sooner 
discharged;  and  from  and  after  the  date  of  said  recording  of  any  warrant,  as- 
sessment, and  diagram,  all  persons  mentioned  in  section  eleven  of  this  Act 
shall  be  deemed  to  have  notice  of  the  contents  of  the  record  thereof.  After 
said  warrant,  assessment,  and  diagram  are  recorded,  the  same  shall  be  deliv- 
ered to  the  contractor,  or  his  agent  or  assigns,  on  demand,  bat  not  until 
after  the  payment  to  the  said  Superintendent  of  Streets  of  the  incidental  ex- 
penses not  previously  paid  by  the  contractor,  or  his  assigns  ;  and  by  virtue 
of  said  warrant,  said  contractor,  or  his  agents  or  assigns,  shall  be  authorized 
to  demand  and  receive  the  amount  of  the  several  assessments  made  to  cover 
the  sum  due  for  the  work  specified  in  such  contracts  and  asesssmeuts. 

Sec.  10.  The  contractor,  or  his  assigns,  or  some  person  in  his  or  their  be- 
half, shall  call  upon  the  persons  assessed,  or  their  agents,  if  they  can  con- 
veniently be  found,  and  demand  payment  of  the  amount  assessed  to  each. 
If  any  payment  be  made  the  contractor,  his  assigns,  or  some  person  in  his 
or  their  behalf,  shall  receipt  the  same  upon  the  assessment  in  presence  of 
the  person  making  such  payment,  and  shall  also  give  a  separate  receipt  if 
demanded.  Whenever  the  person  so  assessed,  or  their  agents,  cannot  con- 
veniently be  found,  or  whenever  the  name  of  the  owner  of  the  lot  is  stated  as 
"unknown"  on  the  assessment,  then  the  said  contractor,  or  his  assigns,  or 
some  person  in  his  or  their  behalf,  shall  publicly  demand  payment  on  the  pre- 
21 


322  THE  CONSOLIDATION  ACT. 

mises  apsessed.  The  warriint  shall  be  returned  to  the  Superintendent  of  Streets 
within  thirty  days  after  its  date,  with  a  return  indorsed  thereon,  signed  by 
the  contractor,  or  his  assigns,  or  some  person  in  his  or  their  behalf,  verified 
upon  oath,  stating  the  nature  and  character  of  the  demand,  and  whether  any 
of  the  assessments  remain  unpaid,  in  whole  or  in  part,  and  the  amount 
thereof.  Thereupon  the  Superintendent  of  Streets  shttU  record  the  return  so 
made,  in  the  margin  of  the  record  of  the  warrant  and  assessment,  and  also 
the  original  contract  referred  to  therein,  if  it  has  not  already  been  recorded 
at  full  length  in  a  book  to  be  kept  for  that  purpose  in  his  office,  and  shall 
sign  the  record.  The  said  Superintendent  of  Streets  is  authorized  at  any 
time  to  receive  the  amount  due  upon  any  assessment  list  and  warrant  issued 
by  him,  and  give  a  good  and  sufficient  discharge  therefor  ;  provided,  that  no 
such  payment  so  made  after  suit  has  been  commenced,  without  the  consent  of 
the  plaintiff  in  the  action,  shall  operate  as  a  complete  discharge  of  the  lien 
until  the  costs  in  the  action  shall  be  refunded  to  the  plaintifif ;  and  he  may 
release  any  assessment  upon  the  books  of  his  office,  on  the  payment  to  him 
of  the  amount  of  the  assessment  against  any  lot  with  interest,  or  on  the 
production  to  him  of  the  receipt  of  the  party  or  his  assigns  to  whom  the 
assessment  and  warrant  were  issued ;  and  if  any  contractor  shall  fail  to  return 
his  M'arrant  within  the  time  and  in  the  form  provided  in  this  section,  he 
shall  thenceforth  have  no  lien  upon  the  property  assessed;  jarouj'dec?,  however, 
that  in  case  any  warrant  is  lost,  upon  proof  of  such  loss  a  duplicate  can  ba 
issued,  upon  which  a  return  may  be  made,  with  the  same  effect  as  if  the 
original  had  been  so  returned.  After  the  return  of  the  assessment  and  war- 
rant as  aforesaid,  all  amounts  remaining  due  thereon  shall  draw  interest  at 
the  rate  of  ten  per  cent,  per  annum  until  paid . 

Sec.  11.  The  owners,  whether  named  in  the  assessment  or  not,  the  con- 
tractor, or  his  assigns,  and  all  other  persons  directly  interested  in  any  work 
provided  for  in  this  Act,  or  in  the  assessment,  feeling  aggrieved  by  any  act 
or  determination  of  the  Superintendent  of  Streets  in  relation  thereto,  or, 
who  claim  that  the  work  has  not  been  performed  according  to  the  contract 
in  a  good  and  substantial  manner,  or  having  or  making  any  objection  to 
the  correctness  or  legality  of  the  assessment  or  other  act,  determination,  or 
proceedings  of  the  Superintendent  of  Streets,  shall,  within  thirty  days  after 
the  date  of  the  warrant,  appeal  to  the  City  Council,  as  provided  in  this  sec- 
tion, by  briefly  stating  their  objections  in  writing,  and  filing  the  same  with 
the  Clerk  of  said  City  Council.  Notice  of  the  time  and  place  of  the  hearing, 
briefly  referring  to  the  work  contracted  to  be  done,  or  other  subject  of  ap- 
peal, and  to  the  acts,  determinations,  or  proceedings  objected  to  or  com- 
plained of,  shall  be  published  for  five  days.  Upon  such  appeal,  the  City 
Council  may  remedy  and  correct  any  error  or  informality  in  the  proceedings, 
and  revise  and  correct  any  of  the  acts  or  determinations  of  the  Superintend- 
ent of  Streets  relative  to  said  work  ;  may  confirm,  amend,  set  aside,  alter, 
modify,  or  correct  the  assessment  in  such  manner  as  to  them  shall  seem 


THE  CONSOLIDATION  ACT.  323 

just,  and  require  the  work  to  be  completed  according  to  the  directions  of  the 
City  Council  ;  and  may  instruct  and  direct  the  Superintendent  of  Streets  to 
correct  the  warrant,  assessment,  or  diagram  in  any  particular,  or  to  make  and 
issue  a  new  warrant,  assessment,  and  diagram,  to  conform  to  the  decisions 
of  said  City  Council  in  relation  thereto,  at  their  option.  All  the  decisions 
and  determinations  of  said  City  Council,  upon  notice  and  heiiring  as  afore- 
said, shall  be  final  and  conclusive  upon  all  persons  entitled  to  appeal  under 
the  pi'ovisions  of  this  section,  as  to  all  errors,  informalities,  and  irregulari- 
ties which  said  City  Council  might  have  remedied  and  avoided  ;  and  no  as- 
sessment shall  be  held  invalid,  except  upon  appeal  to  the  City  Council,  as 
provided  in  this  section,  for  any  error,  informality,  or  other  defect  iu  any  of 
the  proceedings  prior  to  the  assessment,  or  in  the  assessment  itself,  where 
notice  of  the  intention  of  the  City  Council  to  order  the  work  to  be  done,  for 
which  the  assessment  is  made,  has  been  actually  published  in  any  desig- 
nated newspaper  of  said  city  for  the  length  of  time  prescribed  by  law,  be- 
fore the  passage  of  the  resolution  ordering  the  work  to  be  done. 

Sec  12,  At  any  time  after  the  period  of  thirty-five  days  from  the  day  of 
the  date  of  the  warrant,  as  hereinbefore  provided,  or  if  any  appeal  is  taken 
to  the  City  Council,  as  is  provided  in  section  eleven  of  this  Act,  at  any  time 
after  five  days  from  the  decision  of  said  Council,  or  after  the  return  of  the 
warrant  or  assessment,  after  the  same  may  have  been  corrected,  altered,  or 
modified,  as  provided  in  section  eleven  of  thi.-?  Act  (but  not  less  than  thirty- 
five  days  from  the  date  of  the  warrant),  the  contractor,  or  his  assignee,  may 
sue,  in  his  own  name,  the  owner  of  the  land,  lots,  or  portion  of  lots  assessed, 
on  the  day  of  the  date  of  the  recording  of  the  warrant,  assessment,  and  dia- 
gram, or  on  any  day  thereafter,  during  the  continuance  of  the  lien  of  said 
assessment,  and  recover  the  amount  of  any  assessment  remaining  unpaid, 
with  interest  thereon,  as  hereinbefore  provided;  and  in  all  cases  of  recovery, 
under  the  provisions  of  this  Act,  the  plaintiff  shall  recover  the  sum  of  fifteen 
dollars,  in  addition  to  the  taxable  costs,  as  attorneys'  fees,  but  not  any  per- 
centage upon  said  recovery.  Suit  may  be  brought  in  the  Superior  Court 
within  whose  jurisdiction  the  city  is  in  which  said  work  has  been  done,  and 
in  case  any  of  the  assessments  are  made  against  lots,  portions  of  lots,  or 
lands,  the  owners  whereof  cannot  with  due  diligence  be  foi;nd,  the  service 
in  each  of  such  actions  may  be  had  in  such  manner  as  is  prescribed  in  the 
Codes  and  laws  of  this  State.  The  said  warrant,  assessment,  and  diagram, 
with  the  affidavit  of  demand  and  non-payment,  shall  be  held  prima  facie 
evidence  of  the  regularitj'  and  correctness  of  the  assessment,  and  of  the 
prior  proceedings  and  acts  of  the  Superintendent  of  Streets  and  City  Council, 
upon  which  said  warrant,  assessment,  and  diagram  are  based,  and  like  evi- 
dence of  the  right  of  the  plaintiff  to  recover  in  the  action.  The  Court  in 
which  such  suit  shall  be  commenced  shall  have  power  to  adjudge  and  de- 
cree a  lien  against  the  premises  assessed,  and  to  order  such  premises  to  be 
sold  on  execution,  as  in  other  cases  of  the  sale  of  real  estate  by  the  process 


324  THE  CONSOLIDATION  ACT. 

of  said  Courts;  and  on  appeal  the  appellate  Court  shall  be  vested  with  the 
same  power  to  adjudge  and  decree  a  lien,  and  to  order  such  premises  to  be 
sold  on  execution  or  decree,  as  is  conferred  on  the  Court  from  which  an  ap- 
peal is  taken.  Such  i^remises,  if  sold,  may  be  redeemed  as  in  other  cases. 
In  all  suits,  now  pending,  or  hereafter  brought,  to  recover  street  assessments, 
the  proceedings  therein  shall  be  governed  and  regulated  by  the  provisions  of 
this  Act,  and  also  when  not  in  conflict  herewith  by  the  Codes  of  this  State. 
This  Act  shall  be  liberally  construed  to  effect  the  ends  of  justice. 

Sec.  13.  Whenever  any  portion  of  any  street,  lane,  alley,  court,  or  place 
is  said  city,  improved,  or  any  sidewalk  constructed  thereon  according  to  law, 
shall  be  out  of  repair  and  in  condition  to  endanger  persons  or  property 
passing  thereon,  or  in  condition  to  interfere  with  the  public  convenience  in 
the  use  thereof,  it  shall  be  the  duty  of  the  said  Superintendent  of  Streets  to 
require,  by  notice  in  writing,  to  be  delivered  to  them  personally,  or  left  on 
the  premises,  the  owners  or  occupants  of  lots,  or  portions  of  lots,  fronting 
on  said  portion  of  said  street,  lane,  alley,  court,  or  place,  or  of  said  portion 
of  said  walk  so  out  of  repair  as  aforesaid,  lo  repair  forthwith  said  portion  of 
said  street,  land,  alley,  court,  or  place  to  the  center  thereof,  or  said  sidewalk 
in  front  of  the  property  of  which  he  is  the  owner,  or  tenant,  or  occupant; 
and  said  Superintendent  of  Streets  shall  specify  in  said  notice  what  repairs 
are  required  to  be  made.  After  the  expiration  of  three  days  from  the  date 
of  the  service  of  said  notice,  the  said  Superintendent  of  Streets  shall  be 
deemed  to  have  acquired  jurisdiction  to  contract  for  the  making  of  the  re- 
pairs required  by  said  notice.  If  said  repairs  be  not  commenced  within 
three  days  after  notice  given  as  aforesaid,  and  diligently  and  without  inter- 
ruption prosecuted  to  completion,  the  said  Superintendent  of  Streets  may, 
under  authority  from  said  City  Council,  make  sueh  repairs,  or  enter  into  a 
contract  with  any  suitable  person,  at  the  expense  of  the  owner,  tenant,  or 
occupant,  at  a  reasonable  price,  to  be  determined  by  said  Superintendent  of 
Streets,  and  such  owner,  tenant,  or  occupant  shall  be  liable  to  pay  the  same. 
Upon  the  completion  of  said  repairs  by  said  contractors  as  aforesaid  to  the 
satisfaction  of  said  Superintendent  of  Streets,  said  Superintendent  of  Streets 
shall  make  and  deliver  to  said  contractor  a  certificate  to  the  effect  that  said 
repairs  have  been  properly  made  by  said  contractor,  and  that  the  charges  for 
the  same  are  reasonable  and  just,  and  that  he,  said  Superintendent,  has 
accepted  the  same. 

Sec.  14.  If  the  expenses  of  the  work  and  material  for  such  improve- 
ments, after  the  completion  thereof,  and  the  delivery  to  said  contractor  of 
said  certificate,  be  not  paid  to  the  contractor  so  employed,  or  his  agent  or 
assignee,  on  demand,  the  said  contractor,  or  his  assignee,  shall  have  the 
right  to  sue  such  owner,  tenant,  or  occupant,  for  the  amount  contracted  to 
be  paid;  and  said  certificate  of  the  Superintendent  of  Streets  shall  be  prima 
facie  evidence  of  the  amount  claimed  for  said  work  and  materials,  and  of  the 
right  of  the  contractor  to  recover  for  the  same  in  such  action.     Said  certifi- 


THE  CONSOLIDATION  ACT.  323 

cate  shall  be  recorded  by  the  said  Superintendent  of  Streets  in  a  book  kept 
by  him  in  his  oflSce  for  that  purpose,  properly  indexed,  and  the  sum  con- 
tracted to  be  paid  shall  be  a  lien,  the  same  as  provided  in  section  nine  of 
this  Act,  and  may  be  enforced  in  the  same  manner. 

Sec.  15.  In  addition,  «nd  as  cumnlative  to  the  remedies  above  given,  the 
City  Council  shall  have  power,  by  resolution  or  ordinance,  to  prescribe  the 
penalties  that  shall  be  incurred  by  any  owner  or  person  liable,  or  neglecting, 
or  refusing  to  make  repairs  when  required,  as  required  in  section  (13)  thir- 
teen of  this  Act,  which  fines  and  penalties  shall  be  recovered  for  the  use  of  the 
city  by  prosecution  in  the  name  of  the  people  of  the  State  of  California,  in  the 
Court  having  jurisdiction  thereof,  and  may  be  applied,  if  deemed  expedient 
by  the  said  Council,  in  the  payment  of  the  expenses  of  any  such  repairs  not 
otherwise  provided  for. 

Sec.  16.  The  person  owning  the  fee,  or  the  person  in  whom,  on  the  day 
the  action  is  commenced,  appears  the  legal  title  to  the  lots  and  lands,  by 
deeds  duly  recorded  in  the  County  Recorder's  office  of  each  county,  or  the 
person  in  possession  of  lands,  lots,  or  portions  of  lots  or  buildings  under 
claim,  or  exercising  acts  of  ownership  over  the  same  for  himself,  or  as  the 
executor,  administrator,  or  guardian  of  the  owner,  shall  be  regarded,  treated, 
and  deemed  to  be  the  "  owner  "  (for  the  pur^iose  of  this  law),  according  to 
the  intent  and  meaning  of  that  word  as  used  in  this  Act.  And  in  case  of 
property  leased,  the  possession  of  the  tenant  or  lessee  holding  and  occupy- 
ing under  such  persons  shall  be  deemed  to  be  the  possession  of  such  owner. 

Sec.  17.  Any  tenant  or  lessee  of  the  lands  or  lots  liable  may  pay  the 
amount  assessed  against  the  property  of  which  he  is  the  tenant  or  lessee 
under  the  provision  of  this  Act,  or  he  may  pay  the  price  agreed  on  to  be 
paid  under  the  provision  of  section  thirteen  of  this  Act,  either  before  or 
after  suit  brought,  together  with  costs,  to  the  contractor,  or  his  assigns,  or  he 
may  redeem  the  property,  if  sold  on  execution  or  decree  for  the  benefit  of 
the  owner,  within  the  time  prescribed  by  law,  and  deduct  the  amoiinl  so 
paid  from  the  rents  due  and  to  become  due  from  him,  and  for  any  sums  so 
paid  beyond  the  rents  due  from  him,  he  shall  have  a  lien  upon  and  may 
retain  possession  of  the  said  land  and  lots  until  the  amount  so  paid  and 
advanced  be  satisfied,  with  legal  interest,  from  accruing  rents,  or  by  paj'- 
ment  by  the  owner. 

Sec.  18.  The  records  kept  by  the  Superintendent  of  Streets  of  said  city, 
in  conformity  with  the  provisions  of  this  Act,  and  signed  by  him,  shall  have 
the  same  force  and  effect  as  other  public  records,  and  copies  therefrom,  duly 
certified,  may  be  used  in  evidence  with  the  same  effect  as  the  originals.  The 
said  records  shall,  during  all  office  hours,  be  open  to  the  inspection  of  any 
citizen  wishing  to  examine  them,  free  of  charge. 

Sec.  19.  Notices  in  writing  which  are  required  to  be  given  by  the 
Superintendent  of  Streets,  under  the  provisions  of  this  Act,  may  be  served 
by  any  person,  with  the  permission  of  the  Superintendent  of  Streets,  and 
the  fact  of  such  service  shall  be  verified  by  the  oath  of  the  person  making 


326  THE  CONSOLIDATION  ACT. 

it,  takeu  before  the  Superinteudeut  of  Streets  (who,  for  that  purpose,  is 
hereby  authorized  to  administer  oaths),  or  other  person  authorized  to  ad- 
minister oaths,  or  such  notices  may  be  delivered  by  the  Superintendent  of 
Streets  himself,  who  must  also  verify  the  service  thereof,  and  who  shall 
keep  a  record  of  the  fact  of  giving  such  notices,  wtieu  delivered  by  himself 
personally,  and  also  of  the  notices  and  proof  of  service  when  delivered  by 
any  other  person. 

Sec.  20.  Whenever  any  street,  or  portion  of  a  street,  has  been  or  shall 
hereafter  be  fully  constructed  to  the  satisfaction  of  the  Superintendent  of 
Streets  and  of  the  City  Council,  and  is  in  good  condition  throughout,  and  a 
sewer,  gas  pipes,  and  water  pipes  are  laid  therein,  under  such  regulations  as 
the  City  Council  shall  adopt,  the  same  shall  be  accepted  by  the  City  Council, 
by  ordinance,  and  thereafter  shall  be  kept  in  repair  and  improved  by  the 
said  municipality;  the  expense  thereof,  together  with  the  assessment  for 
street  work  done  in  front  of  city  property,  to  bo  paid  out  of  a  fund  to  be 
provided  by  said  Council  for  that  purpose;  provided,  that  the  City  Council 
shall  not  accept  of  any  portion  of  the  street  less  than  the  entire  width  of  the 
roadway  (including  the  curbing),  and  one  block  in  length,  or  one  entire 
crossing;  B.ud,  provided  further,  that  the  City  Council  may  partially  or  con- 
ditionally accept  any  street,  or  portion  of  a  street,  without  a  sewer,  or  gas 
pipes,  or  water  pipes  therein,  if  the  ordinance  of  acceptance  expressly  states 
that  the  Council  deems  such  sewer,  or  gas  pipes,  or  water  pipes,  to  be  then 
unnecessary,  but  the  lots  of  land  previously  or  at  any  time  assessable  for 
the  cost  of  constructing  a  sewer,  shall  remain  and  be  assessable  for  such 
cost,  and  for  the  cost  of  repairs  and  restoration  of  the  street  damaged  in  the 
said  construction,  whenever  said  Council  shall  deem  a  sewer  to  be  necessary, 
and  shall  order  it  to  be  constructed,  the  same  as  if  no  partial  or  conditional 
acceptance  had  ever  been  made.  The  Superintendent  of  Streets  shall  keep 
in  his  office  a  register  of  all  streets  accepted  by  the  City  Council  under  this 
section,  which  register  shall  be  indexed  for  easy  reference  thereto. 

Sec.  21.  The  Superintendent  of  Streets  shall  keep  a  public  office  in  some 
convenient  jDlace  within  the  municipality,  and  such  records  as  may  be 
required  by  the  provisions  of  this  Act.  He  shall  superintend  and  direct  the 
cleaning  of  all  sewers,  and  the  expense  of  the  same  shall  be  jjaid  out  of  the 
Street  or  Sewer  Fund  of  said  city. 

Sec.  22.  It  shall  be  the  duty  of  the  Superintendent  of  Streets  to  see  that 
the  laws,  ordinances,  orders,  and  regulations  relating  to  the  public  streets  and 
highways  be  fully  carried  into  execution,  and  that  the  penalties  thereof  are 
rigidly  enforced.  He  shall  keep  himself  informed  of  the  condition  of  all  the 
public  streets  and  highways,  and  also  of  the  public  buildings,  parks, 
lots,  and  grounds  of  said  city,  as  may  be  prescribed  by  the  City  Council. 
He  shall,  before  entering  upon  the  duties  of  his  office,  give  bonds  to  the 
municipality,  with  such  sureties  and  for  such  sums  as  may  be  required  by 
the  City  Council;  and  should   he   fail   to   see  the  laws,  ordinances,  orders, 


THE  CONSOLIDATION  ACT.  327 

and  regulations  relative  to  the  public  streets  or  bigbwnys  carried  iuto  execu- 
tion, after  notice  from  any  citizen  of  a  violation  thereof,  he  and  his  sureties 
shall  be  liable  upon  his  official  bond  to  any  person  injured  in  his  person  or 
property  in  consequence  of  said  official  neglect. 

Sec.  23.  If,  in  conee^luence  of  any  graded  street  or  ])ublic  highway 
improved  under  the  provisious  of  this  Act,  being  out  of  repair  and  in  con- 
dition to  endanger  persons  or  property  passing  thereon,  any  person  while 
carefully  using  said  street  or  public  highway,  and  exercising  ordinary  care  to 
avoid  the  danger,  suffer  damage  to  his  person  or  property,  through  any  such 
defect  therein,  no  recourse  for  damages  thus  suflfered  shall  be  had  against 
such  city;  but  if  such  defect  in  the  street  or  public  highway  shall  have 
existed  for  the  period  of  twenty-four  hours  or  more  after  notice  thereof  to 
the  said  Superintendent  of  Streets,  then  the  person  or  persons  on  whom  the 
law  may  have  imposed  the  obligations  to  repair  such  defect  in  the  street  or 
public  highway,  and  also  the  officer  or  officers  through  whose  official 
negligence  such  defect  remains  unrepaired,  shall  be  jointly  and  severally 
liable  to  the  party  injured  for  the  damage  sustained;  provided,  that  said 
Superintendent  has  the  ai;thority  to  make  said  repairs,  under  the  direction  of 
the  City  Council,  at  the  expense  of  the  city. 

Sec.  24.  The  City  Council  of  such  city  shall  have  full  power  and  authority 
to  construct  sewers  and  manholes  and  provide  for  the  cleaning  of  the  same, 
culverts  with  crosswalks,  or  culverts,  or  crosswalks,  or  sidewalks,  or  any 
portion  of  any  sidewalk,  upon  or  in  any  street,  lane,  alley,  court,  or  place  in 
such  city,  of  such  materials,  in  such  a  manner,  and  upon  such  terms  as  it 
may  deem  proper.  None  of  the  work  or  improvements  described  in  this 
section  shall  be  stayed  or  prevented  by  any  written  or  any  other  remon- 
strance or  objection,  unless  9«ich  Council  deems  proper. 

Sec.  25.  The  City  Council  may,  in  its  discretion,  repair  and  water  streets, 
that  shall  have  been  graded,  curbed,  and  planked,  paved,  or  macadamized, 
and  may  build,  repair,  and  clean  sewers,  and  shall  jirovide  a  Street  Contin- 
gent Fund  at  the  same  time  and  in  the  same  manner  as  other  funds  are  pro- 
vided, out  of  which  to  pay  the  costs  and  expenses  of  making  said  repairs, 
and  watering  said  streets,  and  building,  repairing,  and  cleaning  said  sewers; 
but  whenever  any  unaccepted  street  or  part  of  a  street  requires  regrading, 
recurbing,  repiling,  repaving,  replanking,  regraveling,  or  remacadamiziug, 
or  requires  new  culverts,  or  new  crosswalks,  or  new  sidewalks,  or  new 
sewers,  the  work  shall  be  advertised  and  let  out  by  contract,  and  the  costs 
and  expenses  thereof  shall  be  assessed  upon  the  property  ati'ected  or  bene- 
fited thereby,  the  same  as  in  the  first  instance. 

Sec.  2G.  The  City  Council  may,  in  its  discretion,  order  that  the  whole 
or  any  part  of  the  cost  and  expenses  of  anj'  oT  the  work  mentioned  in  section 
two  of  this  Act  be  paid  out  of  the  treasury  of  the  municipality  from  such 
fund  as  the  Council  may  designate.     ^Vhenever  u  part  of  such  cost  and  ex- 


328  THE  CONSOLIDATION  ACT. 

penses  is  so  ordered  to  be  paid,  the  Superintendent  of  Streets,  in  making  up 
the  assessment  heretofore  provided  for  such  cost  and  expenses,  shall  first 
deduct  from  the  whole  cost  and  expenses  such  part  thereof  as  has  been  so 
ordered  to  be  paid  out  of  the  municipal  treasury,  and  shall  assess  the  remain- 
der of  said  cost  and  expenses  proportionately  upon  the  lots,  parts  of  lots, 
and  lands  fronting  on  the  streets  where  said  work  was  done,  and  in  the  man- 
ner heretofore  provided.  And  whenever  the  City  Council  shall  order  to  be 
done  any  of  the  work  mentioned  in  section  two  of  this  Act,  it  shall  be 
deemed  to  exercise  its  discretion  mentioned  in  this  section,  and  to  include 
an  order  for  the  payment  out  of  its  treasury  for  the  excess  of  any  assessment 
for  said  work  otherwise  chai-geable  upon  any  lot,  or  portion  of  a  lot,  over  and 
above  one-half  of  the  valuation  of  said  lot,  or  portion  of  a  lot,  in  its  last  pre- 
ceding assessment  for  municipal  taxation. 

PART   II. 

Sec.  27.  Whenever  the  City  Council  deem  it  necessary  to  construct  a 
sewer,  then  the  said  Council  may,  in  its  discretion,  determine  to  construct 
said  sewer,  and  assess  the  costs  and  expenses  thereof  upon  the  property  to 
be  affected  or  benefited  thereby,  in  such  manner  and  within  such  assess- 
ment district  as  it  shall  prescribe,  and  the  lien  therefor  upon  said  property 
shall  be  the  same  as  is  provided  in  section  nine  of  this  Act,  or  said  Council 
may  determine  to  construct  said  sewer  and  pay  therefor  out  of  the  Street 
Contingent  Fund. 

Sec,  28.  If,  at  any  time,  the  City  Council  shall  deem  it  necessary  to 
incur  any  indebtedness  for  the  construction  of  sewers,  in  excess  of  the 
money  in  the  Street  Contingent  Fund  applicable  to  the  construction  of  such 
sewers,  they  shall  give  notice  of  a  special  election  by  the  qualified  electors 
of  the  city,  to  be  held  to  determine  whether  such  indebtedness  shall  be  in- 
curred. Such  notice  shall  specify  the  amount  of  indebtedness  proposed  to 
be  incurred,  the  roitte  and  general  character  of  the  sewer  or  sewers  to  be 
constructt  d,  and  the  amount  of  money  necessary  to  be  raised  annually  by 
taxation  for  an  interest  and  sinking  fund  as  hereinafter  provided.  Such 
notice  shall  be  published  for  at  least  three  weeks  in  some  newspaper  pub- 
lished in  such  city,  and  no  other  question  or  matter  shall  bo  submitted  to 
the  electors  at  such  election.  If,  upon  a  canvass  of  the  votes  cast  at  such 
election,  it  appear  that  not  less  than  two-thirds  Of  all  the  qualified  electors 
voting  at  such  election  shall  have  voted  in  favor  of  incurring  such  indebted- 
ness, it  shall  be  the  duty  of  the  City  Council  to  pass  an  ordinance  providing 
for  the  mode  of  creating  such  indebtedness,  and  of  paying  the  same;  and  in 
such  ordinance  provision  shall  be  made  for  the  levy  and  collection  of  an 
annual  tax  upon  all  the  real  and  personal  property  subject  to  taxation, 
within  such  city,  sufiBcient  to  pay  the  interest  on  such  indebtedness  as  it 
falls  due,  and  also  to  constitute  a  sinking  fund  for  the  payment  of  the  prin- 


THE  CONSOLIDATION  ACT.  329 

cipal  thereof,  within  a  period  of  not  more  than  twentj'  years  from  the  time 
of  contracting  the  same.  It  shall  be  the  duty  of  the  City  Council  in  each 
year  thereafter,  at  the  time  when  other  taxes  are  levied,  to  levy  a  tax  siifti- 
cient  for  such  purpose,  in  addition  to  the  tuxes  authorized  to  bo  levied  for 
city  purposes.  Such  tax,  when  collected,  shall  be  kept  in  the  treasury  as  a 
separate  fund,  to  be  inviolably  appropriated  to  the  payment  of  the  principal 
and  interest  of  such  indebtedness. 

Sec.  29.  If  bonds  are  issued  under  the  provisions  of  the  last  section,  said 
bonds  shall  be  in  sums  of  not  less  that  one  hundred  dollars  nor  more  than 
one  thousand  dollars,  shall  be  signed  by  the  Mayor  and  Treasurer  of  the 
city,  and  the  seal  of  the  city  shall  be  affixed  thereto.  Coupons  for  the 
interest  shall  be  attached  to  each  bond,  signed  by  the  Mayor  and  Treasurer. 
Said  bonds  shall  bear  interest,  to  be  fixed  by  the  City  Council,  at  the  rate  of 
not  to  exceed  five  per  cent  per  annum. 

Sec.  30.  Before  the  sale  of  said  bonds,  the  Council  shall,  at  a  regular 
meeting,  by  resolution,  declare  its  intention  to  sell  a  specified  ajiount  of 
said  bonds,  and  the  day  and  hour  of  such  sale,  and  shall  cause  such  resolu- 
tion to  bo  entered  in  the  minutes,  and  shall  cause  notice  of  such  sale  to  be 
published  for  fifteen  days  in  at  least  one  newspaper  published  in  the  city  in 
which  the  bonds  are  issued,  and  one  published  in  the  City  and  County  of 
San  Francisco,  and  in  any  other  newspaper  in  the  State,  at  their  discretion. 
The  notice  shall  state  that  sealed  proposals  will  be  received  by  the  Council 
for  the  purchase  of  the  bonds  on  the  day  and  hour  named  in  the  resolution. 
The  Council,  at  the  time  appointed,  shall  open  the  proposals  and  award  the 
purchase  of  the  bonds  to  the  highest  bidder,  but  may  reject  all  bids. 

Sec.  31.  The  Council  may  sell  said  bonds,  at  not  less  than  par  value, 
without  the  notice  provided  for  in  the  preceding  section. 

Sec.  32.  The  proceeds  of  the  sale  of  the  bonds  shall  be  deposited  in  the 
city  treasury,  to  the  account  of  the  Sewer  Fund,  but  no  payment  therefrom 
shall  be  made,  except  to  pay  for  the  construction  of  thft  sewer  or  sewers  for 
the  construction  of  which  the  bonds  were  issued,  and  upon  the  certificate  of 
the  Superintendent  of  Streets  and  the  City  Engineer,  that  the  work  has 
been  done  according  to  contract. 

Sec.  33.  Whenever  said  Council  shall  determine  to  construct  any  sewer, 
and  pay  therefor  out  of  the  Street  Contingent  Fund,  or  by  the  issuance  of 
bonds,  as  above  provided,  then  said  Council  shall  cause  to  be  prepared  plans 
and  specifications  of  said  work  in  sections,  and  shall  advertise  for  twenty 
days  in  at  least  one  newspaper  published  in  the  city  in  which  the 
sewer  is  to  be  constructed,  and  one  in  the  City  and  County  of  San 
Francisco,  for  sealed  proposals  for  constructing  said  sewer.  The  work  may 
be  let  in  sections,  and  must  be  awarded  to  the  lowest  responsible  bidder, 
the  Council  having  the  right  to  reject  any  and  all  bids.  The  work  shall 
be  done  and  the  materials  furnished  under  the  supervision  and  to  the  satis- 
faction of  the  Superintendent  of  Streets  and  the  City  Engineer. 


330  THE  CONSOLIDATION  ACT. 


PART  III. 


Sec.  34.  First— The  City  Engineer,  or  where  there  is  no  City  Engineer, 
the  County  or  City  and  County  Surveyor,  shall  be  the  proper  officer  to  do 
the  surveying  and  other  engineering  work  necessary  to  be  done  under  this 
Act,  and  to  survey  and  measure  the  work  to  be  done  under  contracts  for 
grading  and  macadamizing  streets,  and  to  estimate  the  cost  and  expenses 
thereof;  and  every  certificate  signed  by  him  in  his  official  character  shall  be 
jirima  facie  evidence,  in  all  Courts  in  this  State,  of  the  truth  of  its  contents. 
He  shall  also  keep  a  record  of  all  surveys  made  under  the  provisions  of  this 
Act,  as  in  other  cases.  In  all  those  cities  where  there  is  no  City  Engineer, 
the  City  Council  thereof  is  hereby  authorized  and  empowered  to  appoint  a 
suitable  person  to  discharge  the  duties  herein  laid  down  as  those  of  City 
Engineer,  and  all  the  provisions  hereof  applicable  to  the  City  Engineer  shall 
apply  to  such  person  so  appointed;  said  City  Council  is  hereby  empowered 
to  fix  his  compensation  for  said  services. 

iSecond— The  words  "inipiove,"  "improved,"  and  "improvement,"  as 
used  in  this  Act,  shall  include  all  work  mentioned  in  section  two  of  this  Act, 
and  also  the  reconstruction  of  all  or  any  portion  of  said  work. 

Tldrd — The  term  "incidental  expenses,"  as  used  in  this  Act,  shall 
include  the  compensation  of  the  City  Engineer  for  work  done  by  him;  also, 
the  cost  of  printing  and  advertising;  also,  the  compensation  of  Superinten- 
dents of  Sewers,  and  of  piling  and  capping. 

Fourth — The  notices,  resolutions,  orders,  or  other  matter  required  to  be 
published  by  the  provisions  of  this  Act,  shall  be  published  in  a  daily,  semi- 
weekly,  or  weekly  newspaper,  to  be  designated  by  the  Council  of  such  city, 
as  ofttn  as  the  same  is  issued  ;  jyrovided,  however,  that  in  case  there  is  no 
daily,  semi-weekly,  or  weekly  newspaper  printed  and  circulated  in  any  such 
city,  then  such  notices  as  are  herein  required  to  be  published  in  a  newspa- 
per shall  be  posted,  and  kept  posted  for  the  same  length  of  time  as  required 
herein  for  the  publication  of  the  same  in  a  semi- weekly  or  weekly  newspaper, 
in  three  of  the  most  public  places  in  such  city.  Proof  of  the  publication  or 
posting  of  any  notice  provided  for  herein  shall  be  made  by  affidavit  of  the 
owner,  publisher,  or  clerk  of  the  newspaper,  or  of  the  poster  of  the  notice. 

Fifth — The  word  "municipality,"  and  the  word  "city,"  as  used  in  this 
Act,  shall  be  understood  and  so  construed  as  to  include,  and  is  hereby  de- 
clared to  include,  all  corporations  heretofore  organized  and  now  existing, 
and  those  hereafter  organized,  for  municipal  purposes, 

tSixlh — The  words  "  paved  or  repaved,"  as  vised  in  this  Act.  shall  be  held 
to  mean  and  include  pavement  of  stone,  iron,  wood,  or  other  materials, 
whether  patented  or  not,  which  the  City  Council  shall  by  ordinance  adopt. 

Seventh — The  word  "  street,"  as  used  in  this  Act,  shall  be  deemed  to  and 


THE  CONSOLIDATION  ACT.  331 

is  hereby  declared  to  iuclade  highways,  lanes,  alleys,  crossings,  or  intersec- 
tions, courts,  and  i)laces;  and  the  term  "main  street,''  means  such  actually 
opened  street  or  streets  as  bound  a  block. 

Eighth — The  terms  "Street  Superintendent"  and  "Superintendent  of 
Streets,"  as  used  in  this  Act,  shall  be  understood  and  so  construed  as  to  in- 
clude, and  are  hereby  declared  to  include,  any  person  or  officer  whose 
duty  it  is,  under  the  law,  to  have  the  care  or  charge  of  the  streets,  or  the 
improvement  thereof,  in  any  city.  In  all  those  cities  where  there  is  no 
Street  Superintendent,  or  Superintendent  of  Streets,  the  City  Council 
thereof  is  hereby  authorized  and  empowered  to  appoint  a  suitable  person  to 
discharge  the  duties  herein  laid  down  as  those  of  Street  Superintendent  or 
Superintendent  of  Streets;  and  all  the  provisions  hereof  applicable  to  the 
Street  Superiuteudent,  or  Superintendent  of  Streets,  shall  apply  to  such  per- 
son so  appointed. 

j^irdh — The  term  "  City  Council"  is  hereby  declared  to  include  any  body 
or  Board  which,  under  the  law,  is  the  legislative  department  of  the  govern- 
ment of  any  city. 

Tenth — In  municipalities  in  which  there  is  no  Mayor,  then  the  duties 
imposed  upon  said  officer  by  the  provisions  of  this  Act  shall  be  performed  by 
the  President  of  the  Board  of  Trustees,  or  other  chief  executive  officer  of  the 
municipality. 

Eleventh — The  term  "Clerk,"  and  "City  Clerk,"  as  used  in  this  Act, 
is  hereby  declared  to  include  any  pel  sou  or  officer  who  shall  be  Clerk  of  said 
City  Council. 

Twelfth — The  term  "  quarter  blocks, "  as  used  in  this  Act,  as  to  irregu- 
lar blocks,  shall  be  deemed  to  include  all  lots,  or  portions  of  lots,  having  any 
frontage  on  each  intersecting  street,  halt  way  from  said  crossing  or  intersec- 
tion to  the  next  main  street. 

Sec.  35,  The  Superintendent  of  Streets  shall,  when  necessarj',  appoint  a 
suitable  person  to  take  charge  of  and  superintend  the  construction  and  iu)- 
provement  of  each  and  every  sewer  constructed  or  improved  under  the  pro- 
visions of  this  Act,  and  of  piling  and  capping,  whose  duty  it  shall  be  to  see 
that  the  contract  made  for  the  doing  of  said  work  is  strictly  fulfilled  in  every 
respect,  and  in  case  of  any  departure  therefrom  to  report  the  same  to  the 
Superintendent  of  Streets.  Such  person  shall  be  allowed  for  his  time,  actu- 
ally employed  in  the  discharge  of  his  duties,  such  compensation  as  shall  be 
just,  but  not  to  exceed  four  dollars  per  day.  The  sum  to  which  the  party  so 
employed  bhall  be  entitled  shall  be  deemed  to  be  incidental  expenses,  within 
the  meaning  of  those  words  as  defined  in  this  Act. 

Sec.  3G.  The  Act  entitled  "An  Act  to  provide  for  the  improvement  of 
streets,  lanes,  alleys,  courts,  places,  and  sidewalks,  and  the  construction  of 
sewers  within  municipalities,"  approved  March  sixth,  eighteen  hundred  and 


332  THE  CONSOLIDATION  ACT. 

eighty-three,  is  hereby  repealed  ;  provided,  that  any  work  or  proceedings 
commenced  thereunder  prior  to  the  passage  of  this  Act  shall  in  nowise  be 
affected  hereby,  but  shall  in  all  respects  be  finished  and  completed  under 
said  Act  of  March  sixth,  eighteen  hundred  and  eighty-three,  and  said  repeal 
shall  in  nowise  affect  said  work  or  proceedings. 

Sec.  37.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 


SUPPLEMENT     CLXI 

ELECTION  LAWS. 


An  Act  to  regulate  the  registration  of  voters  and  to  secure  ike  purity 
of  elections  in  the  City  and  County  of  San  Francisco, 

1877-8,  299. 
[Approved  March  18,  1878.] 

Jhe  People  of  the  State  of  Californui,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  conduct,  management,  and  control  of  elections  and  mat- 
ters pertaining  to  elections  in  the  City  and  County  of  San  Francisco  is 
hereby  taken  from  the  Board  of  Supervisors  and  vested  in  a  Board  of  five 
Commissioners,  who  shall  consist  of  the  Mayor,  the  Auditor,  the  Tax  Col- 
lector, the  City  and  County  Attorney,  and  the  City  and  County  Surveyor  of 
said  city  and  county,  which  Board  is  hereby  invested  with  all  the  powers 
and  charged  with  all  the  duties  as  to  elections  and  matters  pertaining  to 
elections  now  vested  in  said  Board  of  Supervisors.  The  Mayor  shall  bo  ex- 
officio  President  of  the  Board  of  Election  Commissioners,  and  the  Registrar 
of  Voters  hereafter  provided  for  shall  be  ex-officio  Secretary  of  said  Board, 
and  shall  give  advice  and  information  to  said  Board  when  required  by  them 
so  to  do.  Said  Board  shall  meet  and  organize  within  twenty  days  after  the 
passage  of  this  Act,  or  sooner  if  practicable. 

Sec.  2.  The  Board  of  Election  Commissioners  shall,  as  soon  after  each 
general  election  as  convenient  (not  to  exceed  ninety  days),  proceed  to  di- 
vide said  city  and  county  into  election  precincts,  of  which  there  shall  be  so 
many  as  shall  be  sufficient  to  make  the  number  of  votes  polled  at  any  one 
election  i^recinct  to  be  not  more  than  three  hundred  nor  less  than  two  hun- 
dred, as  near  as  can  be  ascertained;  provided,  that  the  first  division  of  said 
city  and  county  into  precincts  under  this  Act  shall  be  made  as  speedily  as 
the  same  can  be  done  after  the  organization  of  said  Board. 

Sec.  3.  There  shall  be  a  "  Registrar  of  Voters"  for  the  city  and  county 
of  San  Francisco,  to  be  appointed  by  the  Governor  of  the  State  of  California 


THE  CONSOLIDATION  ACT.  333 

from  among  the  citizens  of  said  city  and  county.  His  salary  shall  bo  thirty- 
six  hundred  dollars  per  annum,  payable  out  of  the  treasury  of  said  city  and 
county  as  other  salaries  are  paid,  and  he  shall  be  allowed  a  clerk,  who  shall 
receive  a  salary  of  one  hundred  and  fifty  dollars  per  month,  payable  in  the 
same  manner,  and  such  other  necessary  clerical  assistance  as  shall  be  found 
necessary  to  the  discharge  of  the  duties  of  said  office,  to  be  allowed  and  au- 
thorized by  the  Board  of  Election  Commissioners  of  said  city  and  county. 
He  shall  have  a  suitable  office  provided  for  him  by  the  said  Board,  and  such 
allowance  for  stationery,  printing,  and  incidental  expenses  as  shall  prove 
necessary.  He  shall  give  an  official  bond  in  the  sum  of  ten  thousand  dollars, 
with  two  sureties  to  be  approved  by  the  County  Judge,  conditioned  foi-  the 
faithful  performance  of  his  duty. 

Sec.  •4,  The  Registrar  of  Voters,  when  appointed  and  qualified,  shall  be 
clothed  with  all  the  powers,  discharge  all  the  duties,  and  be  liable  to  all  the 
obligations  and  official  consequences  now  belonging  to,  discharged  by,  or 
resting  upon  the  County  Clerk  and  Assessor  of  said  city  and  county,  with 
respect  to  the  registration  of  voters  and  other  matters  pertaining  to  elections 
in  said  city  and  county,  under  the  provisions  of  the  Political  Code  of  this 
State,  so  far  as  the  same  are  not  annulled  by  this  Act.  Said  County  Clerk, 
upon  demand,  shall  transfer  and  deliver  to  said  Registrar  the  Great  llegia- 
ter,  as  well  as  other  registers,  records,  books,  documents,  and  things  belong- 
ing or  in  anywise  appertaining  to  the  registration  of  voters  or  other  election 
matters  in  said  city  and  county,  and  from  thenceforward  said  Clerk  and  As- 
sessor shall  cease  to  be  charged  with  any  registration  or  election  duties,  and 
the  same  shall  rest  upon  and  be  discharged  by  the  Registrar, 

Sec.  5.  Said  Registrar  shall  keep  his  office  open  for  business  every  day 
in  the  year  (Sundays  and  legal  holidays  excepted),  from  nine  o'clock  a.  m. 
till  five  o'clock  p.  m.  He  shall  have  the  power  to  administer  oaths  to  elec- 
tion officers  and  all  other  persons  in  the  discharge  of  his  duty. 

Sec.  6,  The  Registrar  shall  constantly  inform  himself,  by  examination 
and  inquiry,  as  to  the  condition  of  the  precinct  registers  and  the  legality  of 
the  names  therein,  or  demanding  to  be  placed  thereon,  and  shall  see  that 
none  but  legal  voters  are  registered.  Should  the  Registrar  have  reason  to 
believe  that  any  name  or  names  upon  the  precinct  register  is  improperly  or 
illegally  there,  it  shall  be  his  duty  forthwith  to  send  a  written  or  printed 
notice,  by  postal  card  or  otherwise,  to  such  person,  directing  the  same  to  his 
address  as  found  in  the  Directory,  or  in  case  his  name  is  not  in  the  Direc- 
tory, then  to  the  address  of  such  person  opposite  the  name  on  the  register 
of  the  last  preceding  election  at  which  such  name  was  voted,  requiring  such 
person  to  show  cause  before  the  Board  of  Election  Commissioners  why  said 
Commissioners  shall  not  cancel  said  name.  If  such  person  fail  for  five  days 
to  appear  and  establish  the  legality  of  such  name  on  the  day  fixed  for  the 
hearing,  and  on  the  certificate  of  the  Registrar  that  notice  and  publication 
in  accordance  herewith  has  been  made,  the  Board  shall  inquire  into  the  case, 


334  THE  CONSOLIDATION  ACT. 

and  if  it  appears  to  the  satisfaction  of  the  Board  that  such  name  is  improp- 
erly upon  the  precinct  register,  then  said  Board  shall  make  and  enter  an  or- 
der directing  the  Registrar  to  cancel  such  name  or  names.  But  the  parties 
may  appear  before  said  Board  at  the  hearing  and  show  cause  against  said 
order,  and  if  the  Board  finds  them  properly  registered,  or  entitled  to  regis- 
try, an  order  shall  be  made  accordingly,  which  shall  be  final.  The  Board 
may  designate  any  one  of  the  Commissioners  to  hear  and  determine  such 
matters. 

Sec.  7.  The  Registrar  shall  keep  in  his  office  a  list  of  all  deaths  occur- 
ring in  said  city  and  county  of  adult  males,  as  well  as  of  the  deaths  of  such 
citizens  as  may  come  to  his  knowledge  who  may  die  elsewhere,  to  be  alpha- 
betically arranged  for  convenience  of  reference.  Also,  all  removals  or 
changes  of  residence,  so  far  as  he  can  learn  the  same,  and  commitments  to 
prisons  and  insane  asylums,  with  time  and  place,  as  well  as  such  other  in- 
formation as  shall  be  found  useful  and  within  his  reach.  It  shall  be  ,the 
duty  of  all  Clerks  of  Courts,  Prison-keepers,  Health  Officers,  and  all  other 
public  officers  and  others,  to  furnish  to  said  Registrar  certified  statements  of 
siich  official  facts  within  their  knowledge  necessary  for  him  to  obtain  neces- 
sary or  ufieful  information  in  and  about  his  said  duty  on  demand. 

Sec.  8.  The  Registrar  of  Voters,  under  and  subject  to  the  rules  of  the 
Board,  must  take  charge  of  the  business  of  placing  the  election  officers,  and 
at  the  last  moment,  when  it  is  too  late  to  call  the  Board  together  to  fill  va- 
cancies, may  select  and  appoint  election  officers  for  said  purpose.  Should 
any  election  officer  fail  to  appear  at  the  opening  of  any  election,  or  at  any 
time  during  the  progress  thereof,  the  officers  in  attendance  may,  subject  to 
such  rules  as  the  Board  of  Commissioners  shall  provide,  fill  up  the  same  by 
appointing  any  competent  citizen.  Any  person  refusing  to  serve,  when  so 
appointed,  shall  be  liable  to  all  the  pains  and  penalties  of  this  Act. 

Sec.  9.  The  counting  of  votes,  and  all  proceedings  connected  therewith, 
shall  be  in  public,  and  citizens  shall  have  free  ingress  and  egress  to  and 
from  the  place  where  the  same  is  being  done. 

Sec.  10.  It  is  hereby  made  the  duty  of  any  and  all  voters  in  the  city  and 
coimty  of  San  Francisco,  persons  holding  office  or  employment  iinder  the 
United  States,  the  State  of  California,  or  the  city  and  county  of  San  Fran- 
cisco, or  any  of  its  departments,  excepted,  to  serve  as  Judges,  Inspectors, 
and  Clerks,  or  other  officers  of  election,  whenever  required  to  do  so  under 
the  provisions  of  this  Act. 

Sec.  11.  It  shall  be  the  duty  of  the  Registrar  to  obtain  from  the  tax  list 
and  register  of  voters  of  said  city  and  county  the  names  of  the  resident  citi- 
zens of  said  city  and  county  possessing  the  necessary  qualifications  to  act  as 
Judges,  Inspectors,  and  Clerks  of  Election,  taking  care  to  select  persons  of 
good  reputation  and  character,  and  have  the  same  placed  in  a  book  so  as 
readily  to  refer  to  the  places  of   residence   and  the  precinct  in  which  they 


THE  CONSOLIDATION  ACT.  335 

vote.  Ho  shall  take  care  that  said  list  shows  the  names  and  residences  of 
all  taxpayers  who  reside  in  said  city  and  county,  and  who  are  voters,  and 
shall  ascertain,  as  nearly  as  he  can,  the  capabilities  of  such  voters  to  act  as 
election  officers.  If  any  of  them  are  incompetent  to  serve  by  reason  of 
infirmity  and  not  otherwise,  their  names  may  be  left  off,  but  the  reason  must 
be  noted. 

Sec.  12.  Said  Board  of  Election  Commissioners  shall  select  all  election 
officers  provided  for  by  law  for  said  city  and  county,  and  shall  appoint  them 
to  their  respective  places.  They  shall  have  the  power  to  make  any  regula- 
tions and  rules  for  the  appointment  or  selections  they  may  deem  advisable, 
so  as  to  secure  integrity,  impartiality  and  capacity  for  the  work  to  be  done; 
and  if  the  list  furnished  them  by  the  Registrar  does  not  contain  a  sufficiency  of 
names  of  respectable  and  fit  jjersons  for  election  officers,  they  must  take  meas- 
iires  to  secure  the  names  of  proper  persons,  citizens  and  voters  of  said  city  and 
county,  and  to  fill  up  all  appointments  as  herein  provided;  provided,  that  in 
selecting  election  officers  the  Commissioners  shall  take  care  to  select  as 
nearly  as  possible  an  equal  number  of  persons  of  opposite  political  faith  and 
opinions  to  serve  at  each  precinct. 

Sec.  ]3.  Each  election  officer  under  this  Act  shall  be  entitled  to  receive 
for  his  services  the  sum  of  two  dollars  per  day  while  actually  engaged  in 
said  work  of  receiving  and  counting  votes,  to  be  paid  out  of  the  treasury  of 
said  city  and  county  in  the  manner  now  provided  by  law  for  the  payment  of 
such  service,  and  no  more;  provided,  that  said  Board  of  Commissioners 
may,  in  their  discretion,  raise  the  compensation  of  clerks  for  tallying,  writ- 
ing and  other  matters  requiring  special  skill  and  qualifications,  to  such  sum 
as  they  shall  find  necessary  to  secure  such  service,  but  not  to  exceed  six 
dollars  per  day;  provided,  that  such  increased  compensation  shall,  under  no 
circumstances,  be  allowed  to  any  Judge  or  Inspector;  and  provided  further, 
that  no  pei-son  holding  any  office  or  employment  under  the  United  States, 
the  State  of  California,  of  the  city  and  county  of  San  Francisco,  or  any  of 
its  departments,  nor  any  candidate  for  office,  or  who  shall  have  been  either 
thereof  within  ninety  days,  shall  be  eligible  to  or  be  allowed  to  servo  as  an 
election  or  registration  officer,  clerk,  or  in  any  manner  whatsoever  at  an 
election;  provided,  that  the  members  of  the  Precinct  Kegistratiou  Boards 
shall  receive  for  their  services  while  acting  upon  the  precinct  registers  the 
sum  of  forty  dollars  each,  in  full  for  such  service. 

Sec.  14.  Each  and  every  person  selected  by  the  Board  of  Election  Com- 
missioners shall  be  notified  by  the  Kegistrar  of  Voters  of  the  fact  of  his 
appointment.  Such  notice  shall  be  in  writing,  or  printed,  and  shall  have 
printed  thereon  a  copy  of  this  section.  Such  person,  on  receipt  of  such 
notice,  shall  appear  within  the  time  fixed  in  the  notice,  but  which  shall  not 
be  less  than  five  days,  before  the  Registrar  and  any  two  of  the  Commission- 
ers, for  the  purpose  of  examination,  and  if  found  qualified  shall,  unless 
excused  by  said   Commissioners  by  reason  of   ill- health   or  other  good  and 


33G  THE  CONSOLIDATION  ACT. 

sufficient  cause,  be  bouud  to  serve  as  such  officer  for  the  term  of  one  year 
from  the  date  of  his  appointment,  unless  previously  excused  or  dismissed  by 
the  Board,  and  in  case  of  neglect  or  refusal  to  comply  with  the  above- 
mentioned  requirements,  or  to  serve  or  act,  shall  be  liable  to  a  penalty  of 
live  hundred  dollars,  recoverable  by  civil  action  in  any  Court  of  competent 
jurisdiction,  in  the  name  of  said  city  and  county,  and  when  collected  shall 
be  paid  into  the  treasury  for  the  benefit  of  the  Election  Fund.  And  a  failure 
on  the  part  of  any  such  person  to  present  himself  for  examination  and  to 
comply  with  any  of  the  requirements  of  this  Act  preliminary  to  receiving  his 
certificate  of  appointment  within  the  time  prescribed,  or  to  attend  on  the 
day  of  any  registration,  or  revision  or  examination  of  registration,  or  the 
day  of  any  election  during  said  term,  unless  prevented  by  sickness  or  other 
sufficient  cause  (the  burden  of  proof  of  which  shall  be  upon  the  delinquent), 
shall  be  deemed  a  refusal  within  the  meaning  of  this  section. 

Seo.  15.  The  registration  of  electors  in  the  city  and  county  of  San  Fran- 
cisco shall  hereafter  be  done  by  election  or  voting  precincts,  each  precinct 
register  being  kept  separate  and  distinct  from  all  other  precincts.  The  pro- 
visions  of  the  Political  Code  requiring  the  keeping  of  a  Great  Eegister  and 
ward  registers  shall  no  longer  be  applicable  to  said  city  and  county,  ^he 
provisions  of  said  Code  as  to  making  and  keeping  the  Great  Register  and  as 
to  the  ward  registers  and  the  manner  of  entering  the  names  of  electors 
therein,  and  the  substance  and  contents  of  said  entries,  and  the  alterations, 
changes,  and  cancellation  thereof,  as  well  as  the  proceedings  and  proof  to 
enable  voters  to  be  registered  in  said  Great  and  Ward  Registers,  and  all 
other  matters  relating  thereto,  so  far  as  the  same  are  not  in  conflict  or  incon- 
sistent with  the  provisions  of  this  Act,  are  hereby  made  applicable  to  the 
precinct  registers  of  said  city  and  county  authorized  by  this  law.  And  said 
precinct  registers  shall  be  used  at  all  elections  in  like  manner  and  with  like 
effect  that  ward  registers  were  use^Tjef ore  the  passage  of  this  Act;  and  no 
person  shall  vote  at  any  election  except  he  be  legally  registered  upon  the 
precinct  register  of  the  precinct  in  which  he  is  a  qualified  voter. 

Sec.  16.  The  registration  of  electors  in  the  precinct  registers  in  the  city 
and  county  of  San  Francisco  shall  take  place  previous  to  each  general  State 
eledtion  as  herein  provided,  and  an  elector  properly  enrolled  therein,  with- 
out being  again  enrolled,  may  vote  at  the  general  election  ensuing  his  regis- 
tration and  at  all  special  elections  between  said  general  election  and  the  next 
general  election,  but  not  afterwards  until  re-registered  according  to  law. 

Seo.  17.  In  addition  to  the  matters  required  by  section  one  thousand 
and  ninety-six  of  the  Political  Code  to  be  entered  in  the  register,  the  pre- 
cinct registers  in  the  city  and  county  of  San  Francisco  shall  particularize 
the  place  of  residence  of  each  elector  registered,  by  specifying  the  name  of 
the  street,  avenue,  or  other  location  of  the  dwelling  of  such  elec- 
tor, with  the  number  of  such  dwelling,  if  the  same  has  a  number,  and 
if   not,  then  with   such   a   description   of   the   place  that  it  can  be  read- 


THE  CONSOLIDATION  ACT.  337 

ily  ascertained  and  identified.  If  the  elector  be  not  the  proprietor  or  head 
of  the  house,  then  it  must  show  that  fact,  uud  upon  what  fioor  thereof,  and 
what  room  such  elector  occupies  in  such  house;  all  of  which  facts  are  to  be 
ascertained  from  such  elector  in  the  manner  required  by  law  for  proving  the 
qualification  of  electors  to  entitle  them  to  be  registered.  Any  person  making 
a  ffllse  oath  with  respect  to  residence,  as  provided  for  in  this  section,  shall 
be  deemed  guilty  of  perjury,  and  on  conviction  punished  accordingly. 

Sec.  18.  A  sufficient  quantity  of  blanks  for  precinct  registers  for  all  the 
precincts  of  said  city  and  county  shall  be  prepared  by  said  Registrar  of  Vot- 
ers as  soon  as  is  practicable  after  his  entry  upon  office,  and  as  often  as  re- 
quired by  this  Act  thereafter,  and  kept  at  the  office  of  said  Registrar,  so  that 
voters  may  be  registered  upon  application  and  proper  proof  according  to  law. 
Ninety  days  before  each  general  election  the  Registrar  shall  commence  the 
registration  of  all  voters  entitled  thereto,  who  apply  with  the  proper  proof. 
Such  voters  shall  be  registered  in  the  precinct  registers  for  the  precinct 
where  they  are  entitled  to  vote,  and  not  otherwise.  Such  registration  shall 
continue  at  the  office  of  the  Registrar  until  the  precinct  registers  are  turned 
over  to  the  Board  of  Precinct  Registration,  as  is  hereinafter  provid<d  for, 
when  it  shall  cease  at  said  office.  Such  registration  shall  be  made  subject  to 
the  rules  herein  provided  for  the  Board  of  Precinct  Registration. 

Sec.  19.  There  shall  be  a  Board  of  Precinct  Registration  in  each  precinct 
of  said  city  and  county,  which  shall  be  constituted  in  the  following  manner: 
The  Board  of  Election  Commissioners,  as  soon  as  is  practicable  after  they 
shall  have  divided  the  city  and  county  into  election  precincts,  as  herein 
before  provided  for,  shall  proceed,  in  the  manner  provided  in  section  thir- 
teen hereof,  to  appoint  the  one  original  Inspector  and  the  two  original 
Judges  of  Election  provided  for  in  section  one  thousand  one  hundred  and 
forty-two  of  the  Political  Code  for  each  precinct.  Said  Inspector  and  Judges 
shall  serve  for  one  year,  unless  otherwise  ordered  by  the  Commission,  and 
in  addition  to  acting  as  election  officers  at  all  the  elections  during  the  year, 
shall  serve  as  precinct  registering  officers  for  enrolling  the  electors  of  their 
respective  precincts  on  the  precinct  register  thereof.  All  other  election  offi- 
cers shall  be  appointed  by  the  Board  of  Election  Commissioners  at  such 
time  as  shall  be  necessary  before  the  election. 

Sec.  20,  Said  Boards  of  Precinct  Registration  shall  meet  in  the  places 
provided  in  their  respective  precincts  for  such  purpose  by  the  Registrar  oi 
Voters,  commencing  five  days  (not  counting  Sundays  or  legal  holidays)  be- 
fore the  day  fixed  by  this  Act  for  the  cessation  of  the  registration  of  electors 
in  said  city  and  county,  and  shall  sit  in  open  session  from  nine  o'clock  a.  m. 
until  ten  o'clock  p.  m.  of  each  day  until  the  day  of  such  cessation  (Sundays 
and  legal  holidays  excepted),  to  receive  and  act  upon  applications  for  regis- 
tration on  the  part  of  the  voters  of  said  precinct.  They  sbull  organize  by 
electing  one  of  their  number  chairman.  They  shall  receive  the  applications 
for  registration  of  such  male  residents  of  their  several  election  precincts  as 
22 


338  THE  CONSOLIDATION  ACT. 

then  are,  or  on  the  day  of  election  next  following  the  day  of  making  such 
application  would  be,  entitled  to  vote  therein,  and  who  shall  personally  pre- 
sent themselves,  and  such  only. 

Sec.  21.  It  shall  be  the  duty  of  the  Registrar  of  Voters  to  provide  suit- 
able places  in  each  precinct  for  the  sessions  of  the  Board  of  Precinct  Eegis- 
tration.  He  also  shall  furnish  them  with  blanks,  stationery,  and  all  other 
matters  and  things  necessary  to  enable  them  to  conveniently  and  speedily 
perform  the  duties  devolving  upon  them  under  this  Act.  He  shall  also  give 
such  Boards  his  assistance  and  advice  in  organizing  and  conducting  the  reg- 
istration of  voters  and  other  matters  required  of  them  by  law,  and  shall  visit 
said  boards  while  engaged  in  said  duty,  and  see  that  said  proceedings  are 
conducted  according  to  law,  and  the  registers  made  in  due  form.  He  shall 
be  allowed  free  access  to  the  precinct  registers  at  all  times,  and  within  such 
reasonable  limits  as  the  Board  of  Election  Commissioners  shall  prescribe; 
the  public  shall  have  access  thereto  in  like  manner. 

Sec.  22.  As  soon  as  the  Board  of  Pi'ecinct  Rf  gistration  shall  have  com- 
menced their  sittings  for  registration  in  the  several  precincts,  as  herein  pro- 
vided for,  registration  at  the  office  of  the  Registrar  shall  cease,  and  the 
precinct  registers  shall  be  turned  over  by  the  Registrar  to  said  respective 
Boards,  who  shall  go  on  with  the  registration  of  voters  at  the  places  provided 
by  law  for  them  in  their  respective  precincts  until  the  time  provided  by  law 
for  registration  to  cease,  when  all  registration  shall  stop,  except  in  the  cases 
specially  provided  for  in  section  twenty-nine  of  this  Act.  It  shall  be  the 
duty  of  the  Board  of  Precinct  Registration,  in  addition  to  their  other  duties, 
to  carefully  examine  and  revise  the  names  of  voters  upon  their  several  pre- 
cinct registers,  as  turned  over  to  them  by  the  Registrar,  and  to  ascertain  if 
such  names  are  the  names  of  legal  voters,  properly  on  said  precinct  register 
and  entitled  to  vote  in  said  precinct. 

Sec.  23.  The  Board  of  Precinct  Registration  shall  keep  the  several  pre- 
cinct registers  for  such  time  as  shall  be  necessary,  not  to  exceed  three  days 
after  the  time  for  registration  ceases  according  to  law,  during  which  time 
they  shall  hear  and  determine  applications  for  registration  in  the  excepted 
cases  provided  for  in  section  twenty-nine  of  this  Act.  [Should  be  section 
twenty-eight.]  They  shall  also  make  diligent  examination  and  inquiry  dur- 
ing said  period  as  to  the  right  of  the  respective  voters  who  have  been  regis- 
tered on  said  precinct  register  to  such  registration,  and  shall  in  all  doubtful 
cases  certify  their  doubts,  with  the  reason  thereof,  to  the  Board  of  Election 
Commissioners  for  further  action.  All  persons  who  are  refused  registration 
by  the  Registrar  or  by  the  Precinct  Board  can  appeal  to  the  Board  of  Elec- 
tion Commissioners,  who  shall  hear  and  determine  the  same  in  a  summary 
manner,  so  as  not  to  delay  the  completion  of  the  registers. 

Sec.  24.  When  the  Board  of  Precinct  Registration  have  completed  the 
txamination  and  inquiry  provided  for  in  the  preceding   section,  they  shall 


THE  CONfSOLIDATION  ACT.  339 

certify  the  precinct  register,  as  is  hereinafter  provided,  and  deliver  the  same 
to  the  Registrar  of  Voters.  Said  delivery  shall  be  made  not  later  than  three 
full  days  after  the  cessation  of  registration  as  provided  by  law.  They  shall 
at  the  same  time  prepare  and  duly  certify  a  separate  and  distinct  liHt,  show 
ing  the  names  of  all  persons  concerning  whose  right  of  registration  they  are 
in  doubt,  together  with  grounds  or  reasons  for  such  doubt.  Such  list  and 
certificate  shiill  be  delivered  to  the  Registrar  at  the  same  time  with  the  pre- 
cinct register.  Proper  blanks  shall  be  prepared  and  furnished  bv  the  Regis- 
trar for  the  purpose  of  making  the  return  of  doubtful  names  on  the  registers, 
aud  also  blank  certificates  and  all  other  necessary  things  for  said  purpose. 

Sec.  25.     The  certificate  to  be  attached  to   the  precinct  register  shall  be 
.subptautially  in  the  following  form,  to  wit: 

We,  the  iindersigned,  Inspectors  and  Judges  of  Election  forming  the  Board 

of  Precinct  Registration  for  the  Precinct  of  the Ward,  of   the 

City  and  County  of  San  Francisco,  do  jointly  and   severally  certify  that  on 

the dny  of ,  18 — ,  ■v^e  met  and  organized  as  such  Board,  at  the 

place  appointed  by  law  for  the  holding  thereof  in  said   precinct.     That  the 

precinct  register  was  delivered  to  us  by ,  Esquire,  Registrar  of 

Voters  for  said  city  and  county,  containing  at  the  time  of  its  delivery  to  us 
the  names  of  (stating  number)  voters.  That  we  have  examined  and  iu- 
quired  into  said  list  to  the  best  of  our  ability,  and  have  noted  all  doubtf\il 
registration  thereon.     We  also  certify  that  we  sat  as  a  Board  of   Precinct 

Registration  at  said  place, ,  from  the  day  ot    till   the 

day  of ,  18—,  and  have  admitted  to  registration  (showing  num- 
ber) citizens,  whose  names  and  other  matters  of  qualification  will  appear 
upon  the  foregoing  register,  and  that  the  whole  number  of  qualified  voters 
upon  said  register  is  (number)  . 

Dated,  San  Francisco, ,  18 — . 

(Signed): . 

(Signed):  . 

(Signed):  . 


Sec.  26.  The  certificate  to  be  annexed  to  the  list  of  doubtful  names  shall 
be  substantially  in  the  following  form,  to  wit: 

We,  the  undersigned,  composing  the  Board  of  Precinct  Registration  for 
the Precinct  of  the Ward,  of  the  city  and  county  of  San  Fran- 
cisco, hereby  certify  that  the  accompanying  list  shows  all  the  names  and 
other  matters  of  qualification  of  voters  upon  the  precinct  register  for  said 
precinct  about  whose  right  of  registration  we  entertain  a  reasonable  doubt, 
together  with  a  statement  of  the  cause  or  grounds  for  such  donbts. 

Dated,  Sm  Francisco, ,  18 — . 

(Signed):  . 

(Signed):  . 

(Signed):  . 


340  THE  CONSOLIDATION  ACT. 

Sec.  27.  It  shall  be  the  duty  of  the  Registrar  to  forthwith  notify  all  per- 
sona certified  as  doubtful  of  said  fact,  and  to  cite  them  before  the  Board  of 
Election  Commissioners,  as  provided  in  section  six  of  this  Act,  in  cases 
where  the  Eegistrar  has  reason  to  believe  persons  have  been  improperly 
registered,  and  the  same  proceedings  shall  be  had  as  to  citation  and  cancel- 
lation as  provided  for  in  said  section. 

Sec.  28.  Fifteen  days  before  a  general  election  all  registration  or  enroll- 
ment of  voters  shall  cease,  and  the  precinct  registers  as  they  stand  shall  be 
the  precinct  registers  for  said  ensuing  election,  and  until  the  next  general 
election,  eubject  only  to  changes  in  the  following  cases: 

I.  All  that  for  any  reason  are  illegally  on  the  precinct  register  shall  be 
canceled. 

II.  Any  name  that  has  been  once  lawfully  on  the  precinct  register  so  as 
to  entitle  the  person  to  vote  at  said  ensuing  election,  and  which  has  been  by 
fraud,  mistake  or  otherwise  improperly  removed  or  canceled,  may  be 
restored  on  proper  evidence  thereof. 

III.  Any  legal  voter  who  applied  in  time  for  enrollment  on  a  precinct 
register,  and  through  any  fault  or  neglect  of  the  Eegistrar  or  Board  of  Pre- 
cinct Registration,  or  for  want  of  time  on  the  last  day,  he  having  duly 
applied  on  said  day,  has  his  name  left  ofl",  may  have  the  same  put  on  after- 
ward on  showing  that  he  applied  in  time,  and  that  it  was  through  no  fault 
or  neglect  of  his  own  that  it  was  left  off. 

Any  voter  entitled  to  have  his  name  on  the  precinct  register  under  the 
terms  of  any  of  the  three  preceding  subdivisions,  and  no  others,  may  have 
the  same  placed  upon  the  supplementary  register  provided  for  in  the  next 
section,  within  five  days  from  the  time  herein  provided  for  the  cessation  of 
enrollment  on  the  precinct  rej^ister.  Any  person  who  does  not  so  applj' 
within  said  time  shall  not  be  enrolled  on  the  precinct  register  for  said  elec- 
tion; provided,  that  nothing  in  this  section  shall  be  deemed  to  prevent  any 
lawful  changes,  additions  and  supplements  to  said  precinct  registers  after 
the  general  election  and  prior  to  any  special  election  thereafter  to  be  made 
under  the  regulations  fixed  by  the  Board  of  Election  Commissioners,  and  to 
be  used  at  other  than  general  elections. 

Sec.  29.  As  soon  as  the  Registrar  shall  receive  the  precinct  register  from 
any  Board  of  Precinct  Registration,  he  shall  proceed  with  the  greatest  dili- 
gence to  cause  said  precinct  register  to  be  printed,  and  the  same  shall  be 
printed  and  copies  of  them  posted  in  his  office  for  public  inspection  within 
three  days.  He  shall  also  proceed  by  means  of  clerks  and  other  assistants, 
to  be  provided  by  the  Board  of  Election  Commissioners,  to  ascertain  by 
inquiry  and  examination  the  correctness  of  said  precinct  registers,  and  to 
cancel  all  names  not  legally  thereon,  and  shall  prepare  a  supplemental  list 
for  each  precinct  showing  the  cancellations  and  additions  to  the  regular  list 
made  after  the  publication  of  the  same,  which  supplemental  list  shall  be 
printed  and  posted  in  like  manner  five  days  before  the  election,  after  which 


THE  CONSOLIDATION  ACT.  341 

no  changes  shall  be  made;  provided,  that  all  cancellations  and  additions  to 
the  registers  made  by  the  Registrar  shall  be  subject  to  the  approval  of  the 
Board  of  Election  Commissioners.  In  printing  precinct  registers  each  letter 
of  the  alphabet  shall  be  commenced  upon  a  new  or  separate  page,  and  blank 
pages  to  a  sufficient  and  proper  number  shall  be  left  with  printed  headings 
only  so  as  to  allow  for  such  additional  names  as  arc  authorized  by  law  to  be 
written  in  by  the  Registrar  supplementary  to  the  printed  names. 

Skc.  30.  Not  less  than  ten  days  before  the  day  for  the  sitting  of  the 
Board  of  Precinct  Registration,  the  Registrar  shall  cause  an  advertise- 
ment to  be  printed  for  ten  consecutive  days  in  three  daily  morning  and 
three  daily  evening  (including  the  official  paper)  newspapers  published 
in  said  city  and  county,  giving  notice  to  the  voters  of  said  city  and  county, 
that  the  time  for  the  enrollment  of  voters  on  the  precinct  register  will  expire 
on  a  certain  day,  naming  the  day,  fixed  in  this  Act  for  the  last  day  of  regis- 
tration, and  inviting  them  to  present  themselves  for  registration  at  the  place 
of  the  meeting  of  said  Boards,  which  shall  be  named,  within  the  time,  under 
penalty  of  being  debarred  the  privilege  of  voting  at  said  election.  Such  no- 
tice shall  specify  the  day  upon  which  the  precinct  registration  by  the  Board 
of  Precinct  Registration  shall  commence,  and  also  the  day  upon  which  it 
is  to  end. 

Sec.  31.  Any  elector  who  has  been  legally  registered  in  the  precinct  reg- 
ister, provided  he  has  not  changed  his  residence  or  otherwise  lost  his  right 
to  vote  in  his  precinct,  shall  not  be  required  to  renew  such  registration  until 
the  making  up  as  herein  provided  of  the  precinct  register  for  the  next  ensu- 
ing general  election,  after  the  election  for  which  such  registration  was  made, 
but  may  vote  in  such  precinct  at  any  election  taking  place  before  such  gen- 
eral election.  The  precinct  registers  shall  be  printed  in  sufficient  numbers 
to  allow  for  their  being  used  at  all  elections  likely  to  occur  before  the  next 
general  election  after  the  one  then  for  which  the  registration  is  made,  and 
all  necessary  changes  or  additional  names  shall  be  noted  upon  the  register 
for  each  special  election  thereafter,  or  added  in  supplements  thereto,  con- 
formatory  so  far  as  the  same  is  applicable  to  the  provisions  of  the  law  gov- 
erning the  making  of  the  general  election  register.  The  Board  of  Election 
Commissioners  are  hereby  empowered  to  make  rules  governing  such  supple- 
mental registrations  for  special  elections.  The  Board  is  also  empowered  to 
provide  for  and  regulate  all  special  elections  occurring  before  the  making  of 
the  first  set  of  precinct  registers  under  this  Act,  and  for  such  elections  the 
ward  registers  shall  be  used  in  the  precincts,  subject  to  such  rules  and  regu- 
lations as  the  Board  of  Election  Commissioners  shall  establish. 

Sec.  32.  The  Registrar  of  Voters  shall  procure  rooms  or  places  both  for 
the  sitting  of  the  Board  of  Precinct  Registration  as  well  as  for  pollins; 
places,  subject  to  the  approval  of  the  Board  of  Election  Commissioners  both 
as  to  location  and  cost. 


342  THE  CONSOLIDATION  ACT. 

Sec.  33.  All  provisions  for  carrying  out  the  registration  and  election  laws 
in  said  City  and  County  of  San  Francisco  shall  be  made  by  ihe  Board  of 
Election  Commissioners,  and  demands  on  the  Treasury  authorized  or  al- 
lowed by  them  for  such  purposes  shall  have  the  same  force  and  effect  as  if 
aixthorized  or  allowed  by  the  Board  of  Supervisors. 

Sec.  34.  All  of  the  provisions  of  the  Political  Code  touching  the  registration 
and  qualifications  of  voters  and  the  methods  of  calling,  holding,  and  con- 
ducting elections  in  force  in  said  city  and  county  at  the  passage  of  this 
Act,  shall  continue  in  force  therein,  so  far  as  they  are  not  inconsistent  with 
the  provisions  hereof. 

Sec.  35.     This  Act  takes  efifect  from  and  after  its  passage. 


.  1883,   58. 


An  Act  to  divide  the  State  into  Senatorial  Districts,  and  to  provide 
for  the  election  of  Senators  therein. 

[Appro\ed  JIarch  8,  1883.] 

Section  1.  The  State  is  hereby  divided  into  forty  Senatorial  Districts, 
constituted  as  follows: 

Sec.  20.  That  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  intersection  of  Bryant  Street  with  the  waters 
of  the  Bay  of  San  Francisco,  continuing  thence  along  the  center  of  the  fol- 
lowing named  streets:  Bryant  to  Third,  Third  to  Market,  Market  to  Kearny, 
Kearny  to  Sacramento,  and  Sacramento  to  the  waters  of  the  Buy  of  San 
Francisco,  thence  along  the  shore  of  said  bay  to  the  place  of  beginning,  shall 
constitute  the  Nineteenth  Senatorial  District. 

Sec.  21.  All  that  portion  of  the  City  and  County  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  intersection  of  Green  Street  wjth 
the  waters  of  the  Bay  of  San  Francisco,  thence  along  the  center  of  the  fol- 
lowing named  streets:  Green  to  Mason,  Mason  to  Sutter,  Sutter  to  Kearny, 
Kearny  to  Sacramento,  Sacramento  to  the  Bay  of  San  Francisco,  thence 
along  the  shore  of  said  bay  to  the  place  of  beginning,  together  with  all  the 
waters  of   the  Bay  of   San  Francisco  and  the  islands  contained  therein  sit- 


THE  CONSOLIDATION   ACT.  343 

uated  within  the  bouutlaiies  of  the  City  autl  Couuty  of   Sau  Francisco,  shftU 
constitute  the  Twentieth  Senatorial  District. 

Sec.  22.  All  that  portion  of  the  City  and  Couuty  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  intersection  of  Hyde  Street  with 
the  waters  of  the  Bay  of  San  Francisco,  thence  along  the  center  of  the  fol- 
lowing named  streets:  Hyde  to  Sutter,  Sutter  to  Mason,  Mason  to  Green, 
Gieen  to  its  intersection  with  the  waters  of  the  Bay  of  San  Francisco,  thence 
along  the  shore  of  said  bay  to  the  place  of  beginning,  shall  constitute  the 
Twenty-first  Senatorial  District. 

Sec.  23.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  intersection  of  Hyde  Street  with  the  waters 
of  the  Bay  of  San  Francisco,  thence  along  the  center  of  the  following  m.med 
streets;  Hyde  to  Sutter,  Sutter  to  Van  Ness,  Van  Ness  to  Eddy,  Ed<ly  to 
Devisadero,  Devisadero  to  Turk,  Turk  to  First  Avenue,  First  Avenue  to 
Avenue  B,  and  Avenue  B  to  its  interseciiou  with  the  waters  of  the  Pacific 
Ocean,  thence  northerly  and  easterly  along  the  shore  of  the  Pacific  Ocean 
and  the  Bay  of  Saii  Francisco  to  the  place  of  beginning,  together  with  the 
islands  known  as  the  Faralloue  Islands,  shall  constitute  the  Twenty-second 
Senatorial  District. 

Sec.  24:.  All  that  portion  of  the  City  and  Couuty  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  intersection  of  the  center  of  Third  and  Bry- 
ant Streets,  thence  along  the  center  of  the  following  named  streets:  Bryant 
to  Fifth,  Fifth  to  Market,  Market  to  Mason,  Mason  to  Sutter,  Suttt  r  to 
Kearny,  Kearny  to  Market,  Market  to  Third,  Third  to  the  place  of  beginning, 
shall  constitute  the  Twenty-third  Senatorial  District. 

Sec.  25.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  id  the  intersection  of  the  center  of  Bryant  and 
Fifth  Streets,  thence  along  the  center  of  the  following  named  streets:  Bry- 
ant to  Seventh,  Seventh  to  Market,  Market  to  McAllister,  McAllister  to 
Xieavenworth,  Leavenworth  to  Sutter,  Sutter  to  Mason,  Mason  to  Market, 
Market  to  Fifth,  and  Fifth  to  the  place  of  beginning,  shall  constitute  the 
Twenty-fourth  Senatorial  District. 

Sec.  26.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  intersection  of  the  center  of  Bryant  and 
Seventh  Streets,  continuing  thence  along  the  center  of  the  following  named 
streets:  Bryant  to  Eleventh,  Eleventh  to  Market,  Market  to  Van  Ness,  Van 
Ness  to  Sutter,  Sutter  to  Leavenworth,  Leveuworth  to  Mc.Vllister,  McAllister 
to  Market,  Market  to  Seventh,  and  Seventh  to  the  place  of  beginning,  shall 
constitute  the  Twenty-fifth  Senatorial  District. 

Sec.  27.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  intersection  of  the  center  of  Bryant  Street 
.and  the  waters  of   the   Bay  of   San  Francisco,  continuing  thence  along  the 


344  THE  CONSOLIDATION  ACT. 

center  of  the  following  named  streets:  Bryant  to  Channel,  Channel  to  Har- 
rison, Harrison  to  Fourteenth,  Fourteenth  to  Guen-ero,  Guerrero  to  Twenti- 
eth, Twentieth  to  Napa,  Napa  to  its  intersection  with  the  waters  of  the  Bay 
of  San  Francisco,  thence  along  the  shore  of  said  bay  to  the  place  of  begin- 
ning, shall  constitute  the  Twenty-sixth  Senatorial  District. 

Sec.  28.  All  that  portion  of  the  City  and  County  of  Sun  Francisco  bounded 
as  follows:  Comuaenciug  at  the  intersection  of  Avenue  B  and  the  waters  of 
the  Pacific  Ocean,  thence  along  the  center  of  the  following  named  streets: 
Avenue  B  to  First  Avenue,  First  Avenue  to  Turk  Street,  Turk  to  Devisa- 
dero,  Devisadero  to  Eddy,  Eddy  to  Van  Ness,  Van  Ness  to  Market,  Market 
to  Eleventh,  Eleventh  to  Channel,  Channel  to  Harrison,  Harrison  to 
Fourteenth,  Fourteenth  to  Guerrero,  Guerrero  to  Eighteenth,  thence 
along  Eighteenth  Street  to  its  western  limit,  thence  in  a  direct  line  westerly 
to  an  intersection  of  the  eastern  limit  of  K  Street,  or  Avenue,  thence  along 
K  to  the  waters  of  the  Pacific  Ocean,  thence  along  the  shore  of  the  ocean, 
in  a  northerly  direction,  to  the  place  of  beginning,  shall  constitute  the 
Twenty-seventh  Senatorial  District. 

Sec.  29.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  a  continuation  of 
the  line  of  K  Street  and  the  waters  of  the  Pacific  Ocean,  continuing  thence 
along  the  line  of  K  Street,  or  Avenue,  to  its  eastern  limit;  thence  in  a  direct 
line  easterly  to  an  intersection  of  the  western  limit  of  Eighteenth  street;, 
thence  along  the  center  of  the  following  named  streets:  Eighteenth  to  Guer- 
rero, Guerrero  to  Twentieth,  Twentieth  to  Napa,  Napa  to  the  waters  of  the 
Bay  of  San  Francisco;  thence  along  the  shore  southerly  to  its  intersection 
with  the  boundary  line  dividing  the  Counties  of  San  Francisco  and  San 
Mateo;  thence  along  said  line  to  its  intersection  with  the  waters  of  the  Pa- 
cific Ocean;  thence  northerly  along  the  shore  to  the  place  of  beginning,, 
shall  constitute  the  Twenty-eighth  Senatorial  District. 


Sec.  42,  At  the  general  election  in  the  year  eighteen  hundred  and  eighty- 
sis,  there  shall  be  elected  forty  Senators,  one  from  each  Senatorial  District. 
The  Senators  elected  from  the  odd  numbered  districts  in  the  year  eighteen 
hundred  and  eighty-six  shall  hold  office  for  two  years.  Their  successors 
shall  be  elected  in  the  year  eighteen  hundred  and  eighty-eight,  and  every 
four  years  thereafter.  The  Senators  elected  from  the  even-numbered  dis- 
tricts shall  hold  office  for  four  years.  Their  successors  shall  be  elected  in 
the  year  eighteen  hundred  and  ninety,  and  every  four  years  thereafter. 

Sec.  43.  Neither  Boards  of  Supervisors,  municipal  authorities,  or  any- 
other  officers,  shall  have  power  to  alter  the  boundaries  of  any  township,  ward, 
election  precinct,  or  other  local  subdivision  of  any  county,  city,  or  town,  so 
as  to  change  the  boundaries  of  any  Senatorial  District  as  defined  in  this  Act. 


THE  CONSOLIDATION  ACT.  34r, 

Sec.  44.     A.11  Acts  and  parts  of  .\cts  in  conflict  with  the  provisions  of  this 
Act  are  hereby  repealed. 

Skc.  45.     This   Act   shall    take   effect   July  first,  eighteen  hundred   and 
eighty-six. 


1883,  85. 

An  Act  to  divide  the  Stale  into  Asi^embly  Districts,  and  to  provide 
for  the  election  of  Assemblymen  therein. 

[App.-oved  Mari'li  13,  1833.] 

The  People  of  (he   Stale  of  California,  represented  in  Senate  and   Assembly,  do 

enact  as  follows: 

Section  1.  The  State  is  hereby  divided  into  eighty  Assembly  Districts, 
constituted  as  follows: 

Sec.  30.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  point  of  intersection  where  the  center 
line  of  Bryant  street  intersects  the  waters  of  the  Bay  of  San  Francisco,  con- 
tinuing thence  along  the  center  of  the  following  named  streets:  Bryant  to 
First,  First  to  Minna,  Minna  to  Second,  to  Market,  Market  to  Kearny, 
Kearny  to  Sacramento,  Sacramento  to  the  waters  of  the  Bay  of  San  Fran- 
cisco, thence  along  the  shore  to  the  place  of  beginning,  shall  constitute  the 
Twenty-ninth  Assembly  District. 

Sec.  31.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  the  center  of  Bryant  iind 
First  streets,  continuing  thence  along  the  center  of  the  following  named 
streets:  Bryant  to  Third,  Third  to  Market,  Market  to  Second,  Second  to 
Minna,  Minna  to  First,  and  first  to  the  place  of  beginning,  shall  constitute 
the  Thirtieth  Assembly  District. 

Sec.  32.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Sacramento  street  and 
the  waters  of  the  bay  of  San  Francisco,  continuing  thence  along  the  center 
of  the  following  named  streets:  Sacramento  to  Kearny,  Kearny  to  Sutter, 
Sutter  to  Stockton,  Stockton  to  Pacific,  Pacific  to  the  waters  of  the  Bay  of 
San  Francisco,  thence  along  the  shore  of  said  bay  to  the  place  of  boginning, 
together  with  all  the  waters   of    the  bay  of    San   Francisco,  and  the  islands 


34G  THE  CONSOLIDATION  ACT. 

contained  therein  situated  within  the  boundaries  of   the  city  and  county  of 
Jrlan  Francisco,  shall  constitute  the  Thirtj'-firdt  Assembly  District. 

Sec.  33.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Pacific  street  and  the 
waters  of  the  bay  of  !San  Francisco,  continuing  thence  along  the  center  of 
the  following  named  streets:  Pacific  to  Stockton,  Stockton  to  Sutter,  Sut- 
ter to  Mason,  Mason  to  Green,  Green  to  the  waters  of  the  bay  of  San  Fran- 
cisco, thence  along  the  shore  of  said  bay  of  San  Francisco  to  the  place  of 
beginning,  shall  constitute  the  Thirty-second  Assembly  District. 

Sec.  34:.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follow.-:  Commencing  at  the  point  of  intersection  of  Green  street  and 
the  waters  of  the  bay  of  San  Francisco,  continuing  thence  along  the  center 
of  the  following  named  streets:  Green  to  Mason,  Mason  to  Sutter,  Sutter 
to  Jones,  Jones  to  Greenwich,  Greenwich  to  the  waters  of  the  bay  of  San 
Francisco,  thence  along  the  shore  of  said  bay  to  the  place  of  beginning, 
shall  constitute  the  Thirty-third  Assembly  District. 

Sec.  35.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Greenwich  street  and  the 
waters  of  the  bay  of  San  Francisco,  continuing  thence  along  the  center  of 
the  following  named  streets:  Greenwich  to  Jones,  Jones  to  Sutter,  Sutter 
to  Hyde,  Hyde  to  the  waters  of  the  bay  of  San  Francisco,  thence  along  the 
shore  of  said  bay  to  the  place  of  beginning,  shall  constitute  the  Thirty- 
fourth  Assembly  District. 

Sec.  36,  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  the  center  of  Bryant  and 
Third  streets,  continuing  thence  along  the  center  of  the  following  named 
streets:  Bryant  to  Fourth,  Fourth  to  Market,  Market  to  Stockton, 
Stockton  to  Sutter,  Sutter  to  Kearny,  Kearny  to  Market,  Market  to  Third, 
Third  to  the  place  of  beginning,  shall  constitute  the  Thiity-fifth  Assembly 
District. 

Sec.  37.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Fourth  and  Bryant 
streets,  thence  along  the  center  of  the  following  named  streets:  Bryant  to 
Fifth,  Fifth  to  Market,  Market  to  Mason,  Mason  to  Sutter,  Sutter  to  Stock- 
ton, Stockton  to  Market,  Market  to  Fourth,  and  Fourth  to  the  place  of 
beginning,  shall  constitute  the  Thirty-sixth  Assembly  District. 

Sec.  38.  All  that  jiortion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Fifth  and  Bryant  streets, 
continuing  thence  along  the  center  of  the  following  named  streets:  Bryant 
to  Sixth,  Sixth  to  Market,  Market  to  Taylor,  Taylor  to  Sutter,  Sutter  to 
Mason,  Mason  to  Market,  Market  to  Fifth,  and  Fifth  to  the  place  of  begin- 
ning, shall  constitute  the  Thirty-seventh  Assembly  District. 


THE  CONSOLIDATION  ACT.  347 

Sec.  30.  All  that  portiou  of  the  city  aud  county  of  Sun  Francisco  bound- 
ed as  follows:  Commancing  at  the  intersection  of  Sixth  aud  Bryant  streets, 
continuing  thence  alon^;  the  center  of  the  following  named  street ■<:  Bryant 
to  Seventh,  Seventh  to  Market,  Market  to  McAllister,  McAllister  to  Leav- 
enworth, Leavenworth  to  Sutter,  Sutter  to  Taylor,  Taylor  to  Market,  Mar- 
ket to  Sixth,  and  Sixth  to  the  place  of  beginning,  shall  constitute  the 
Thirty-eighth  Assembly  District. 

Sec.  40.  All  that  portion  of  the  city  and  county  of  San  Francisco  liouud- 
ed  as  follows:  Commencing  at  the  intersection  of  Bryant  and  Seventh 
streets,  continuing  thence  along  the  center  of  the  following  named  streets: 
Bryant  to  Eighth,  Eighth  to  Market,  Market  to  Larkin,  Larkiu  to  Sutter, 
Sutter  to  Leavenworth,  Leavenworth  to  McAllister,  McAllister  to  ^Market, 
Market  to  Seventh,  and  Seventh  to  the  place  of  beginning,  shall  constitute 
the  Thirty-ninth  Assembly  District. 

Sec.  41.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Bryant  and  Eighth 
streets,  continuing  thence  along  the  csnter  of  the  following  named  streets: 
Bryant  to  Eleventh,  Eleventh  to  Market,  Market  to  Van  Ness,  Van  Ness  to 
Sutter,  Sutter  to  Larkin,  Larkin  to  Market,  Market  to  Eighth,  and  Eighth 
to  the  place  of  beginning,  shall  constitute  the  Fortieth  Assemblj'  District. 

Sec.  42.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Hyde  street  with  the 
waters  of  the  bay  of  San  Francisco,  continuing  thence  along  the  center  of 
Hyde  street  to  the  center  of  California  street,  thence  along  the  center  of 
California  street  in  a  direct  line  to  its  intersection  with  the  east  line  of  the 
City  Cemetery;  thence  northerly  in  a  direct  line  to  the  waters  of  the  Pacific 
ocean;  thence  along  the  shore  in  an  easterly  direction  to  the  place  of  begin- 
ning, shall  constitute  the  Forty-first  Assembly  District. 

Sec.  43.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  fellows:  Commencing  at  the  intersection  of  Avenue  B  and  the  waters 
of  the  Pacific  ocean,  continuing  thence  along  the  center  of  the  following 
named  streets:  Avenue  B  to  First  avenue,  First  avenue  to  Turk  street, 
Turk  to  Devisadero,  Devisadero  to  Eddy,  Eddy  to  Van  Ness,  Van  Ness  to 
Sutter,  Sutter  to  Hyde,  Hyde  to  California,  California  to  the  east  line  of 
the  City  Cemetery;  thence  northerly  in  a  direct  line  to  the  waters  of  the 
Pacific  ocean;  thence  along  the  shore  in  a  westerly  and  southerly  direction 
to  the  place  of  beginning,  together  with  the  islands  known  as  the  Farallone 
islands,  shall  constitute  the  Forty-second  Assembly  District. 

Sec.  44.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Avenue  B  and  the  waters 
of  the  Pacific  ocean,  continuing  thence  along  the  center  of  the  following 
named  streets:  Avenue  B  to  First  avenue,  First  avenue  to  Turk,  Turk  to 
Devisadero,  Devisadero  to  Eddy,  Eddy  to  Van  Ness,  Van  Ness  to  Fell,  Fell 


348  THE  CONSOLIDATION  ACT. 

to  Stanyan,  Stimjan  to  D,  D  to  the  waters  of  the  Pacific  ocean,  thence  along 
the  shore  of  said  ocean  to  the  place  of  beginning,  shall  constitute  the  Forty- 
third  Assembly  District. 

Sec.  45.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Aveniie  D  and  the  waters 
of  the  Pacific  ocean,  continuing  thence  along  the  center  of  the  following 
named  streets:  Avenue  D  to  Stanyan,  Stanyan  to  Fell,  Fell  to  Van  Ness, 
Van  Ness  to  Market,  Market  to  Eleventh,  Eleventh  to  Channel,  Channel  to 
Harrison,  Harrison  to  Fourteenth,  Fourteenth  to  Guerrero,  Guerrero  to 
Eighteenth;  thence  along  Eighteenth  to  its  westerly  end;  thence  in  a  direct 
line  westerly  to  an  intersection  of  the  eastern  limit  of  K  street  (or  avenue) ; 
thence  along  K  to  the  waters  of  the  Pacific  ocean;  thence  northerly  along 
the  shore  to  the  place  of  beginning,  shall  constitute  the  Ff.rty -fourth  Asfjem- 
bly  District. 

Sec.  46.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Guerrero  and  Funvteenth 
streets,  continuing  thence  along  the  center  of  the  following  named  streets: 
Fourteenth  to  H  irrison,  Harrison  to  Channel,  Channel  to  Bi'yant,  Bryant  to 
Seventh,  Seventh  to  Mississippi,  Mississippi  to  Napa,  Napa  to  Twentieth, 
Twentieth  to  Guerrero,  and  Guerrero  to  the  place  of  beginning,  shall  con- 
stitute the  Forty-fifth  Assembly  District. 

Sec.  47.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Bryant  street  and  the 
waters  of  the  Bay  of  San  Francisco,  continuing  thence  along  the  center  of 
the  following  named  streets:  Bryant  to  Seventh,  Seventh  to  Mississippi, 
Mississippi  to  Napa,  Napa  to  the  waters  of  the  Bay  of  San  Francisco,  and 
thence  along  the  shore  of  said  bay  to  the  place  of  beginning,  shall  constitute 
the  Forty-sixth  Assembly  District. 

Sec.  48.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  Napa  street  and  the 
waters  of  the  Bay  of  San  Francisco,  continuing  thence  along  the  center  of 
the  following  named  streets:  Napa  to  Howard,  Howard  to  Army,  Army  to 
Mission,  thence  along  the  county  road  to  its  intersection  with  the  boundary 
line  dividing  the  counties  of  San  Francisco  and  San  Mateo,  thence  along 
said  boundary  line  to  its  intersection  with  the  waters  of  the  Bay  of  San 
Francisco,  thence  along  the  shore  of  said  bay  to  the  place  of  beginning, 
shall  constitute  the  Forty-seventh  Assembly  District. 

Sec.  49.  All  that  portion  of  the  city  and  county  of  San  Francisco  bound- 
ed as  follows:  Commencing  at  the  intersection  of  K  street  and  the  waters 
of  the  Pacific  ocean;  continuing  thence  along  the  center  of  the  following 
•named  streets:  K  to  its  easterly  limit,  thence  in  a  direct  line  to  the  westerly 
end  of  Eighteenth,  Eighteenth  to  Guerrero,  Guerrero  to  Twentieth,  Twen- 
tieth  to   Howard,  Howard   to   Army,  Army  to   Mission,  thence   along   the 


THE  CONSOLIDATION  ACT.  349 

county  road  to  its  intersection  with  tlie  boundary  line  dividing  the  counties 
of  San  Francisco  and  San  Mateo,  theuce  along  said  line  to  the  waters  of 
the  Pacific  ocean,  thence  along  the  shore  of  said  ocean  to  the  place  of  begin- 
ning, shall  constitute  the  Forty-eighth  Assembly  District. 

TV  *  *  #  ^ 

Sec.  82.  Each  Assembly  District  shall  elect  one  member  of  the  Assem- 
bly, as  follows:  A  member  of  the  Assembly  shall  be  elected  in  each  Assem- 
bly District  at  the  general  election,  to  be  held  in  the  year  eighteen  hundred 
and  eighty-four,  and  every  two  years  thereafter. 

Sec.  83.  Neither  Boards  of  Supervisors,  municipal  authorities,  or  any 
other  officer,  shall  have  power  to  alter  the  boundaries  of  any  township,  ward, 
election  precinct,  or  other  local  subdivision  of  any  county,  city,  or  town,  so 
as  to  change  the  boundaries  of  any  Assembly  District  as  defined  in  this 
Act. 

Sec.  8-i.  All  Acts  and  parts  of  Acts  iu  couflict  with  this  Act  are  hereby 
repealed. 


1883,    296. 


An  Act  to  divide  the  State  of  California  into  Congressional  Districts. 

[Approved  March  13,  )SS3.J 

2'he  Peoph  of  Uie  Stale  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  folloivs: 

Section  1.  For  the  purpose  of  electing  Representatives  to  the  Congress 
of  the  United  States,  the  State  is  hereby  divided  into  six  Congressional  Dis- 
tricts, as  follows: 


Sec.  5.  All  that  portion  of  the  City  and  County  of  San  Francisco  de- 
scribed as  follows,  to  wit:  Commencing  at  the  intersection  of  Bryant  Street 
with  the  waters  of  the  Bay  of  San  Francisco,  continuing  thence  along  the 
center  of  Bryant  Street  to  the  center  of  Seventh  Street;  thence  along  the 
center  of  Seventh  Street  to  the  center  of  Market  Street;  thence  along  the 
center  of  Market  Street  to  the  center  of  McAllister  Street;  thence  along  the 
center  of  McAllister  Street  to  the  center  of  Leavenworth  Street;  thence  along 
the  center  of  Leavenworth  Street  to  the  center  of  Sutter  Street;  th<.nce  along 


350  THE  CONSOLIDATION  ACT. 

the  center  of  Sutter  Street  to  the  center  of  Hyde  Street;  thence  along  the 
center  of  Hj'de  Street  to  the  center  of  California  Street;  thence  along  the 
center  of  California  Street  to  its  intersection  with  the  east  line  of  the  City 
Cemetery;  thence  northerly  in  a  direct  line  to  the  waters  of  the  Pacific 
Ocean;  thence  along  the  shore  in  an  easterly  direction  to  the  place  of  be- 
ginning, together  with  all  the  islands  within  the  boundaries  of  the  City 
and  County  of  San  Francisco,  shall  comprise  the  Fourth  Congressional 
District. 

Sec.  6.  All  that  portion  of  the  City  and  County  of  San  Francisco  not  in- 
cluded in  the  Fourth  Congressional  District,  together  with  the  Counties  of 
San  Mateo,  Santa  Cruz,  and  Santa  Clara,  shall  comprise  the  Fifth  Congres- 
sional District. 

Sec.  8.  All  Acta  or  parts  of  Acts  in  conflict  with  this  Act  are  hereby  re- 
jDealed. 

Sec    9.     This  Act  shall  take  efl'ect  immediately. 


1877-8,  180. 


All  Ad  to  prevenl  the  Circulation  of  Bogus  Election  Tickets  and  to 
prevent  Frauds  upon  Voters. 

[Approved  March  7,  1878.]  • 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  cIj 

enact  as  follows : 

Section  1.  It  shall  hereafter  be  lawful. for  the  State  Central  or  other 
managing  committee  of  any  political  party  having  a  State  organization,  and 
for  the  city  and  county  or  other  managing  committee  of  any  municipal  or 
local  party,  before  each  election  in  this  State  to  prepare  and  adopt,  by 
engraving  or  otherwise,  a  ticket  vignette,  or  heading,  with  an  appropriate 
inscription,  to  be  printed  at  the  top  of  the  ticket  of  the  party,  on  the  inside 
thereof,  as  a  distinctive  and  characteristic  heading  thereto.  Such  vignette 
shall  not  be  more  than  two  inches  high  by  four  and  a  half  inches  wide,  and, 
in  addition  to  the  device  adopted,  shall  set  forth  legibly  the  fact  that  the 
ticket  is  the  regular  ticket  of  the  party,  with  the  name  thereof.  It  shall 
also  show  the  district,  ward,  or  prpcinct  where  such  ticket  may  be  lawfully 


THE  CONSOLIDATION  ACT.  351 

voted.  Said  vignette  and  inscription  shall  stand  at  tLe  head  of  the  ticket, 
on  the  inside  thereof,  and  be  followed  within  a  space  not  to  exceed  one- half 
of  an  inch,  by  the  word  "For"  on  the  first  line  thereof,  and  the  names  of  can- 
didates and  offices  shall  then  be  printed  below  in  the  order  and  manner  pro- 
vided for  in  section  eleven  hundred  and  ninety-one  of  the  Political  Code. 
The  length  of  the  tickets  to  be  used  at  elections  in  this  State  hereafter  shall, 
in  case  the  length  of  tickets  now  allowed  by  law  is  insufficient  to  permit  of 
the  printing  of  such  vignette,  or  heading,  and  have  sufificient  margin  at  the 
top  and  bottom,  and  not  otherwise,  be  increased  two  inches  in  addition  to 
the  length  prescribed  by  section  one  thousand  one  hundred  and  ninety-one 
of  the  Political  Code,  in  order  to  allow  space  for  said  vignette  and  inscrip- 
tion. 

Sec.  2,  When  such  vignette  and  inscription  have  been  adopted  and  pre- 
pared, an  impression  of  the  same,  followed  by  the  regular  ticket  of  such 
party,  printed  so  as  to  constitute  a  lawful  election  ballot,  and  sealed  uj)  in 
an  envelope,  may  be  filed  with  the  County  Clerk  of  the  county  at  any  time 
before  the  opening  of  the  polls  on  election  day.  Such  ballot  shall  be  kept 
by  said  Clerk  on  deposit,  and  from  the  time  of  such  filing  it  shall  be  unlaw- 
ful for  any  person  to  imitate,  copy,  or  in  any  manner  counterfeit  the  same. 
Any  person  violating  the  foregoing  provision  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  punished  accordingly. 

Sec.  3.  Any  person  who  shall  knowingly  print,  circulate,  or  distribute, 
any  ticket,  or  tickets,  ballot  or  voting  paper,  having  therein,  or  thereon,  the 
vignette,  or  an  imitation  of  the  vignette  or  inscription,  of  any  ballot  or  ticket 
so  filed  with  the  County  Clerk,  but  containing  the  name  or  names,  of  any 
candidate  or  candidates,  other  or  different  from  the  name  or  names,  candi- 
date or  candidates,  upon  the  ballot  or  ticket  of  such  party,  so  filed  or  depos- 
ited with  said  Clerk,  sh:tll  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  punished  accordingly;  provided,  that  nothing  in  this  Act  shall 
be  construed  to  interfere  with  the  right  of  any  elector  to  erase  or  insert 
any  name  or  proposition  upon  said  ticket,  if  done  in  writing. 

Sec.  4.  Hereafter  all  tickets,  in  addition  to  the  matters  provided  for  in 
section  eleven  hundred  and  ninety-one  of  the  Political  Code,  and  immedi- 
ately above  the  word  "For,"  as  specified  in  said  section,  shall  show  the 
name  or  number  of  the  district,  ward,  or  precinct  where  the  same  is  to  be 
used,  and  if  such  name  or  number  is  not  contained  in  the  party  vignette  (as  it 
must  be  if  one  is  used),  then  the  same  shall  be  printed  in  capital  letters,  so 
as  to  take  up  not  more  than  two  inches  of  space,  which  in  all  cases  shall  be 
added  to  the  lengths  of  the  ticket  as  established  by  said  section  of  the  Politi- 
cal GoUe; provided,  that  the  jirovision  of  this  section  shall  not  be  compulsory' 
except  in  the  city  and  county  of  San  Francisco. 


352  THE  CONSOLIDATION  ACT. 


1877-8,  73. 


An  Act  concerning  Sj^ecial  Elections. 

[Approved  February  9,  1878.] 

The  People  of  the  Stale  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follotcs: 

'  Skction  1.  At  auy  special  election  to  be  held  in  any  county,  except  in 
the  City  and  County  of  San  Francisco,  copies  of  the  Great  Register  of  such, 
county,  and  in  the  City  and  County  of  San  Francisco  copies  of  the  ward  reg- 
isters of  said  city  and  county,  which  were  printed  before  and  used  at  the 
next  preceding  general  election,  shall  be  used. 

Sec.  2.  Before  the  day  on  which  said  special  election  is  appointed  to  be 
held,  the  Board  of  Supervisors  of  the  county,  except  the  City  and  County  of 
San  Francisco,  must  furnish  the  Board  of  Election  of  each  precinct  in  the 
county  at  least  one  copy  of  the  aforesaid  printed  Great  Register;  and  the 
Board  of  Supervisors  of  the  City  and  County  of  San  Francisco  must  furnish 
the  Board  of  Election  of  each  precinct  in  the  county  at  least  one  copy  of  the 
ward  register  of  the  ward  in  which  the  precinct  is  located.  If  the  Board 
cannot  otherwise  obtain  a  sufficient  number  of  copies  of  the  register  for  the 
purpose,  it  must  take  the  copies  filed  in  the  office  of  the  County  Clerk,  in 
pursuance  of  section  twelve  hundred  and  sixty-eight  of  the  Political  Code. 

Sec.  3.  If  the  copy  of  the  register  which  shall  be  furnished  to  any  pre- 
circt  shall  have  been  used  at  a  previous  election,  the  letter  "V"  maybe 
used  instead  of  the  word  "Voted,"  as  required  by  section  twelve  hundred 
and  twenty-eight  of  the  Political  Code. 

Sec.  4.  It  shall  not  be  the  duty  of  the  Board  of  Election  to  post  copies 
of  the  Great  Register,  as  required  by  section  eleven  hundred  and  forty-nine 
of  the  Political  Code. 

Sec.  5.  The  voter,  when  he  offers  his  ballot  at  a  polling  place,  shall  not 
be  required  to  announce  his  number  on  the  Great  Register,  as  provided  for 
in  section  twelve  hundred  and  twenty-five  of  the  Political  Code. 

Sec.  6.     This  Act  shall  take  effect  immediately. 


THE  CONSOLIDATION  ACT.  353 


In  addition  to  the  foregoing,  the  following  are  general  laws  and  provisions 
governing  elections: 

Constitution  of  the  State  of  California,  Art.  II,  Art.  XX,  Seds.  2,  10,  11, 
12  and  13. 

Political  Code,  Sees.  50,  51,  52,  1071,  1083,  1084,  1094,  1095,  1096,  1097, 
IIUO,  1104,  and  Chapters  V,  VI,  VII,  VIII,  IX,  X  and  XI  of  Title  II  of  Part 
III. 

Eevised  Statutes  of  the  United  States,  Sees.  5425,  5426,  5427,  5457,  5428, 
5506,  5507,  5511,  5512,  5513  and  5515. 


SUPPLEMENT    CLXII. 


HEALTH  AND  QUAEANTINE  REGULATIONS  FOR  THE 
CITY  AND  HARBOR  OF  SAN  FRANCISCO. 

POLITICAL  CODE,  PAKT  III,  TITLE  VII,  CHAPTER  III,  AET.  III. 

Sec.  3004.  The  quarantine  grounds  of  the  Bay  and  harbor  of  San  Fran- 
cisco are  at  the  anchorage  of  Saucelito. 

Sec.  3005.  The  Board  of  Health  for  the  City  and  County  of  San  Fran- 
cisco consists  of  the  Mayor  of  the  city  and  county  and  four  physicians  in 
good  standing,  residing  in  the  City  and  County  of  San  Francisco,  appointed 
by  the  Governor  and  holding  their  oflfice  for  the  term  of  five  years. 

Sec.  3006.  The  Mayor  is  ex-officio  President  of  the  Board.  The  Board 
must  meet  monthly,  and  at  such  other  times  as  the  President  may  direct.  In 
the  absence  of  the  President,  the  Board  may  elect  a  Chairman,  who  is  clothed 
with  the  same  powers  as  the  President. 

Sec.  3007.  The  Health  Officer  for  the  City  and  County  and  Port  of  San 
Francisco  is  elected  by  the  Board  of  Health,  and  holds  office  at  its  pleasure. 
He  must  be  a  graduate  of  some  medical  college,  in  good  standing,  and  mast 
reside  within  the  city  limits  of  San  Francisco. 

Sec.  3008.  Ths  Health  Officer  is  the  executive  officer  of  the  Health 
Department,  and  he  may,  in  his  discretion,  cause  the  removal  to  a  hospital 
of  any  and  all  persons,  within  the  limits  of  the  City  and  County  of  Sa^i 
Francisco,  infected  with  variola. 

Sec.  3009.     The  Board  of  Health  must  appoint  a  Quarantine  Officer,  who 
shall  be  a  physician  in  good  standing,  a  Secretary,  one  Assistant  Secretary, 
23 


354  THE  CONSOLIDATION  ACT. 

six  Health  Inspec  ors,  one  Market  Inspector,  and  one  Messenger,  whose 
duties  must  be  tixed  by  the  Board  of  Health.  They  must  also  appoint  one 
Superintendent  Physician,  one  Resident  Physician,  one  Stewart,  one  Matron, 
one  Apothecary,  two  Visiting  Physicians,  two  Visiting  Surgeons,  as  officers 
of  the  City  and  County  Hospital  in  and  for  the  City  and  County  of  San 
Francisco,  one  each  of  said  Visiting  Physicians  and  Surgeons  to  be  nomi- 
nated by  the  Faculty  of  the  Medical  Department  of  the  University  of  Cali- 
fornia, and  one  each  of  said  Visiting  Physicians  and  Surgeons  to  be  nomi- 
nated by  the  Medical  College  of  the  Pacific.  Said  Board  may  also  appoint 
one  Engineer  for  the  City  and  County  Hospital.  They  may  also  appoint  one 
Superintendent,  one  Resident  Physician,  one  Matron,  and  such  other  em- 
ployees as  are  now  authorized  by  law  to  be  employed  in  and  for  the  Alms- 
house of  said  city  and  county.  They  shall  also  have  power  to  appoint  and 
prescribe  the  duties  of  one  City  Physician  and  one  Assistant  City  Physician, 
who  shall  be  designated  as  Police  Surgeons,  and  whose  duty  it  shall  be  to 
make  all  autopsies  required  of  them  by  the  Coroner  of  said  city  and  county. 
And  said  Board  is  also  empowered  to  appoint  such  employees  and  such 
medical  attendants  as  they  may  deem  necessary  in  the  Health  Department, 
and  in  all  the  various  institutions  which  are  by  law  placed  under  their  su- 
pervision; and  the  compensation  of  such  employees  and  medical  attendants 
shall  be  fixed  by  the  Board  of  Health.  The  appointing  power  aforesaid  is 
vested  solely  in  said  Board  of  Health,  and  said  Board  shall  have  power  to  pre- 
scribe the  duties  of  said  appointees,  and  shall  not  remove  the  same  without 
just  cause.  The  heads  of  departments  appointed  by  the  Board  of  Health, 
to  wit.  the  Health  Officer,  Resident  Physician  of  City  and  County  Hospital, 
and  Superintendent  of  Alms-house,  shall  not  be  removed  except  by  a  con- 
currence of  four  members  of  said  Board  of  Health. 

Sec.  3010.  The  following  annual  salaries  are  hereby  allowed  to  the  offi- 
cers of  the  Health  Department,  and  such  other  officers  and  employees  as 
are  mentioned  in  the  preceding  section,  viz. :  Health  Officer,  three  thousand 
dollars;  Quarantine  Officer,  eighteen  hundred  dollars;  Secretary,  twenty-one 
hundred  dollars;  Assistant  Secretary,  twelve  hundred  dollars;  Health  In- 
spectors, twelve  hundred  dollars  each;  Market  Inspector,  twelve  hundred 
dollars;  Messenger,  nine  hundred  dollars;  City  Physician,  eighteen  hundred 
dollars;  Assistant  City  Physician,  twelve  hundred  dollars;  all  of  said  salaries, 
together  with  the  salaries  of  such  other  employees  of  the  Health  Department 
as  maybe  appointed  by  the  Board  of  Health,  must  be  paid  in  equal  monthly 
installments  out  of  the  General  Fund  of  the  City  and  County  of  San  Fran- 
cisco, in  the  same  manner  as  the  salaries  of  the  other  officers  of  said  city 
and  county  are  paid.  There  shall  be  paid  to  the  officers  and  employees  of 
the  City  and  County  Hospital  and  Alms-house  the  following  annual  salaries, 
viz.:  Superintendent  Physician,  twenty-four  hundred  dollars';  Resident  Physi- 
cian, fifteen  hundred  dollars;  Steward,  fifteen  hundred  dollars;  Matron,  seven 
hundredaiid  twenty  dollars;  one  Apothecary,  twelve  hundred  dollars;  Visiting 


THE  CONSOLIDATION  ACT.  355 

Physicians  and  Surgeons,  twelve  hundred  dollars  each ;  Engineer,  twelve  hun 
dred  dollars;  Superintendent  of  Alms-house,  twenty-four  hundred  dollars; 
Resident  Physician  of  Alms-house,  tiftoen  hundred  dollars;  Matron  of  Alms, 
house,  s;''ven  hundred  and  twenty  dollars;  and  all  other  medical  attendants  and 
employees  of  said  institutions  are  to  be  paid  such  sums  as  maybe  authorized 
by  law,  and  as  provided  in  the  preceding  section;  all  to  be  paid  in  equal 
monthly  installments  out  of  the  Hospital  and  Alms-house  Fund  of  said  City 
and  County  of  San  Francisco;  and  the  Auditor  of  said  City  and  County  is 
hereby  directed  to  audit  the  said  demands,  payable  out  of  the  funds  afore- 
said, upon  the  approval  of  the  same  by  the  said  Board  of  Health,  and  also 
to  audit  all  demands  for  salaries  of  medical  attendants  and  employees  ap- 
pointed by  the  Board  of  Health  in  accordance  with  this  Chapter,  for  the 
amounts  authorized  to  be  paid,  when  the  same  shall  have  been  approved  by 
said  Board;  and  the  Treasurer  of  said  city  and  county  must  pay  said  de- 
mands out  of  said  funds.  The  Clerk  of  the  Mayor  of  the  City  and  County 
of  San  Francisco  shall  not  receive  any  compensation  as  Clerk  of  the  Board 
of  Health. 

Sec.  3011.  The  Health  Officer,  in  addition  to  his  salary,  receives  such 
sums  for  the  necessary  expenses  of  his  office  as  the  Board  of  Health  may 
dir<>ct,  and  the  Auditor  must  audit  and  the  Treasurer  pay  such  sums  out  of 
the  General  Fund.  The  Board  of  Supervisors  must  provide  proper  offices 
for  the  Health  Department. 

Skc.  3012.  The  Board  of  Health  have  general  supervision  of  all  matters 
appertaining  to  the  sanitary  condition  of  the  city  and  county,  including  the 
City  and  County  Hospital,  the  County  Jail,  Alms-house,  Industrial  School, 
and  all  public  health  institutions  provided  by  the  City  and  County  of  San 
Francisco,  and  may  adopt  such  ordei's  and  regulations,  and  appoint  or  dis- 
charge such  medical  attendants  and  employees,  as  to  them  seems  best  to  pro- 
mote the  public  welfare;  and  may  appoint  as  many  Health  Inspectors  as 
they  deem  necessary  in  time  of  epidemics. 

Sec.  3013.  Shipmasters  bringing  vessels  into  the  Harbor  of  San  Fran- 
cisco, and  masters,  owners,  or  consignees  having  vessels  in  the  harbor  which 
have  on  board  any  cases  of  Asiatic  cholera,  small-pox,  yellow,  typhus,  or  ship 
fever,  must  report  the  same,  in  writing,  to  the  Quarantine  Officer  before  land- 
ing any  passengers,  casting  anchor,  or  coming  to  any  wharf,  or  as  soon  there- 
after as  they,  or  either  of  them,  become  aware  of  the  existence  of  either  of  the 
diseases  on  board  of  their  vessels. 

Sec.  3014,  No  captain  or  other  officer  in  command  of  any  vessel 
sailing  iinder  a  register,  arriving  at  the  Port  of  San  Francisco,  nor  any 
owner,  consignee,  agent,  or  other  person  having  charge  of  such  vessel  must, 
under  a  penalty  of  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars,  land,  or  permit  to  bo  landed,  any  freight,  passengers,  or 
other  persons  from  such  vessel  until  he  has  reported  to  the  Quarantine  Offi- 


356  THE  CONSOLIDATION  ACT. 

cer,  presented  his  bill  of  health,  and  received  a  permit  from  that  officer  to 
laLd  freight,  passengers,  or  other  persons. 

Seo.  3015.  Every  pilot  who  conducts  into  the  Port  of  San  Francisco  any 
vessel  subject  to  quarantine  or  examination  by  the  Quarantine  Ofl&cer,  must: 

1.  Bring  the  vessel  no  nearer  the  city  than  is  allowed  by  law, 

2.  Prevent  any  person  from  leaving,  and  any  communication  being  made 
with  the  vessel  under  his  charge,  until  the  Quarantine  Officer  has  boarded 
tier  and  given  the  necessary  orders  and  directions. 

3.  Be  vigilant  in  preventing  any  violation  of  the  quarantine  laws,  and 
report,  without  delay,  all  such  violations  that  come  to  his  knowledge  to  the 
Quarantine  Officer. 

4.  Present  the  master  of  the  vessel  with  a  printed  copy  of  the  quarantine 
laws,  unless  he  has  one. 

5.  If  the  vessel  is  subject  to  quarantine,  by  reason  of  infection,  place  at 
the  mast-head  a  small  yellow  flag. 

Skc.  3016.  Every  master  of  a  vessel  subject  to  quarantine  or  visitation 
by  the  Quarantine  Officer,  arriving  in  the  Port  of  San  Francisco,  who  refuses 
or  neglects  either: 

1.  To  proceed  with  and  anchor  his  vessel  at  the  place  assigned  for  quar- 
antine, when  legally  directed  so  to  do;  or, 

2.  To  submit  his  vessel,  cargo,  and  passengers  to  the  Quarantine  Officer, 
and  furnish  all  necessary  information  to  enable  that  officer  to  determine 
what  quarantine  or  other  regulations  they  ought  respectively  to  be  subject; 
or, 

3.  To  report  all  cases  of  disease  and  of  deaths  occurring  on  his  vessel, 
and  to  comply  with  all  the  sanitary  regulations  of  the  bay  and  harbor — 

Is  liable  in  the  sum  of  five  hundred  dollars  for  every  such  neglect  or  re. 
fusal.     [See  also  Section  376  of  Penal  Code.] 

Sec.  3017.  All  vessels  arriving  off  the  Port  of  San  Francisco  from  ports 
which  have  been  legally  declared  infected  ports,  and  all  vessels  arriving  from 
ports  where  there  is  prevailing  at  the  time  of  their  departure,  any  contagious, 
infectious,  or  pestilential  diseases,  or  vessels  with  decaying  cargoes,  or  which 
have  unusually  foul  or  offensive  holds,  are  subject  to  quarantine,  and  must 
be,  by  the  master,  owner,  pilot,  or  consignee,  reported  to  the  Quarantine 
Officer  without  delay.  No  such  vessel  must  cross  a  right  line  drawn  from 
Meiggs'  wharf  to  Alcatraz  Island  until  the  Quarantine  Officer  has  boarded 
her  and  given  the  order  required  by  law. 

Sec.  3018.  The  Quarantine  Officer  must  board  every  vessel,  subject  to 
quarantine  or  visitation  by  him,  immediately  on  her  arrival,  make  such  ex- 
amination and  inspection  of  vessel,  books,  papers,  or  cargo,  or  of  persons  on 
board,  under  oath,  as  he  may  judge  expedient,  and  determine  whether  the 
vessel  should  be  ordered  to  quarantine,  and  if  so,  the  period  of  quarantine. 

Sec.  3019.     No  captain  or  other  officer  in  command  of  any  passenger-carry- 


THE  CONSOLIDATION  ACT.  357 

ing  vessel  of  more  than  one  hundred  and  fifty  tons  burden,  nor  of  any  vessel 
of  more  than  one  hundred  and  fifty  tons  burden,  having  passengers  on  board, 
nor  any  owner,  consignee,  agent,  or  other  person  having  charge  of  such 
vessel  or  vessels,  must,  under  a  penalty  of  not  less  tlian  one  hundred  dol- 
lars nor  more  than  one  thousand  dollars,  land,  or  permit  to  be  landed,  any 
passenger  from  the  vessel  until  he  has  presented  his  bill  of  health  to  the 
Quarantine  Officer  and  received  a  permit  from  that  oflicer  to  land  such  pas- 
senger, except  in  such  case  as  the  Quarantine  Officer  deems  it  safe  to  give 
the  permit  before  seeing  the  bill  of  health. 

Sec.  3020.  The  following  fees  may  be  collected  by  the  Quarantine  Offi- 
cer: For  giving  a  permit  to  land  freight  or  passengers,  or  both,  from  any 
sailing  vessel  of  less  than  five  hundred  tons  burden,  from  any  port  out  of 
this  State,  two  dollars  and  fifty  cents;  over  five  hundred  and  under  one 
thousand  tons  burden,  five  dollars;  each  additional  one  thousand  tons  burden 
or  fraction  thereof,  an  additional  two  dollars  and  fifty  cents;  for  steam  vessels, 
propelled  in  whole  or  in  part  by  steam,  of  one  thousand  tons  burden  or  less, 
five  dollars,  and  two  dollars  and  fifty  cents  for  each  additional  one  thousand 
tons  burden  or  fraction  thereof;  but  vessels  not  propelled  in  whole  or  part 
by  steam,  sailing  to  and  from  any  port  or  ports  of  the  Pacific  States,  or  the 
United  States,  or  Territories,  and  whaling  vessels  entering  the  harbor  of  San 
Francisco,  are  excepted  from  the  provisions  of  this  section. 

Sec.  3021.  The  Board  of  Health  may  enforce  compulsory  vaccination  on 
passengers  in  infected  ships  or  coming  from  infected  ports. 

Sec.  3022.  The  Board  of  Health  may  provide  suitable  hospitals,  to  be 
situated  at  or  near  Saucelito,  and  furnish  and  supply  the  same  with  nurses 
and  attaches,  and  remove  thereto  all  persons  afflicted  with  cholera,  smallpox, 
yellow,  typhus,  or  ship  fever. 

Sec.  3023.  The  Health  Officer  must  keep  a  record  of  all  births,  deaths 
and  interments  occurring  in  the  City  and  County  of  San  Francisco.  Such 
records,  when  filed,  must  be  deposited  in  the  office  of  the  County  Recorder, 
and  produced  when  required  for  public  inspection. 

Sec,  3024.  Physicians  and  midwives  mupit,  on  or  before  the  fourth  day 
of  each  month,  make  a  return  to  the  Health  Officer  of  all  births,  deaths,  and 
the  number  of  still-born  children  occurring  in  their  practice  during  the  pre- 
ceding month.  In  the  absence  of  such  attendants,  the  parent  must  make 
such  report  within  thirty  days  after  the  birth  of  the  child.  Such  return"? 
must  be  made  in  accordance  with  rules  adopted,  and  upon  blanks  furnished 
by  ihe  Board  of  Health. 

Sec.  3025.  No  person  shall  deposit  in  any  cemetery,  or  inter  in  the  City 
and  Countj'  of  San  Francisco,  any  human  body,  without  first  having  obtained 
and  filed  with  the  Health  Officer  a  certificate,  signed  by  a  physician,  or  mid- 


358  THE  CONSOLIDA.TION  ACT. 

wife,  or  a  Coroner,  setting  forth  as  near  as  possible,  the  name,  age,  color,  sex, 
(jlace  of  birth,  occupation,  date,  locality,  and  the  cause  of  death  of  the  de- 
ceased, and  obtain  from  such  Health  Officer  a  permit;  nor  shall  any  human 
body  be  removed  or  disinterred  without  the  permit  of  the  Health  Officer,  or 
by  order  of  the  Coroner.  Physicians,  when  deaths  occur  in  their  practice, 
must  give  the  certificate  herein  mentioned.  Hereafter  it  shall  be  the  duty 
of  the  Assistant  City  Physician,  or  Police  Surgeons,  to  perform  all  autopsies 
which  may  be  required  in  the  Coroner's  office  of  the  City  and  County  of  San 
Fiancisco,  all  such  autopsies  being  made  without  charge  to  the  city.  It 
.shall  be  the  duty  of  the  Health  Officer  to  see  that  the  dead  body  of  a  human 
being  is  not  allowed  to  ren.aiu  in  any  public  receiving  vault  for  a  longer 
period  than  five  days.  At  the  expiration  of  that  time  he  shall  cause  the 
body  to  be  placed  in  a  vault  or  niche  constructed  of  brick,  stone,  or  iron, 
aud  hermetically  sealed.  It  shall  also  be  his  duty  to  require  all  persons 
having  in  charge  the  digging  of  graves  and  burial  of  the  dead  to  see  that  the 
body  of  no  human  being  who  had  reached  ten  years  of  age  shall  be  interred 
in  a  grave  less  than  six  feet  deep,  or  if  under  the  age  of  ten  years,  the  grave 
to  be  not  less  than  five  feet  deep. 

Sec.  3026.  Superintendents  of  cemeteries,  within  the  boundaries  of  the 
City  and  County  of  San  Francisco,  must  return  to  the  Health  Officer,  on 
each  Monday,  the  names  of  all  persons  interred  or  deposited  within  their 
respective  cemeteries  for  the  preceding  week. 

Sec.  3027.  No  Superintendent  of  a  cemetery  can  remove  or  cause  to  be 
removed,  disinter  or  cause  to  be  disinterred,  any  corpse  that  has  been  de- 
posited in  the  cemetery,  without  a  permit  from  the  Health  Officer,  or  by 
order  of  the  Coroner. 

Sec.  3028.  Whenever  a  nuisance  shall  exist  on  the  property  of  any  non- 
resident or  any  property,  the  owner  or  owners  of  which  cannot  be  found 
by  either  Health  Inspector,  after  diligent  search,  or  on  the  property  of  any 
owner  or  owners,  upon  whom  due  notice  may  have  been  served,  and  who 
shall,  for  three  days,  refuse  or  neglect  to  abate  the  same,  or  on  any  city  pi-op- 
erty,  it  shall  be  the  duty  of  the  Board  of  Health  to  cause  the  said  nuisance 
to  be  at  once  removed  or  abated,  and  to  draw  upon  the  General  Fund  for 
such  sums  as  mny  be  required  for  its  removal  or  abatement,  not  to  exceed  two 
hundred  dollars;  prcvided,  that  whenever  a  larger  expenditure  is  found  neces- 
sary to  be  made  for  the  removal  or  suppression  of  any  nuisance,  the  Board 
of  Supervisors  of  said  city  aud  county  shall,  upon  the  written  application  of 
the  Board  of  Health,  by  ordinance,  appropriate,  allow,  and  order  paid  out 
of  the  General  Fund,  such  sum  or  sums  as  may  be  necessary  for  that  pur- 
pose, and  the  Auditor  shall  audit,  and  the  Treasurer  shall  pay  all  appropria- 
tions of  money  made  in  pursuance  of  this  section,  in  the  same  manner  as  is 
now  provided  by  law  for  auditing  aud  paying  demands  upon  the  treasury; 
said  sum  or  sums  so  paid  shall  become   a  lien  on  the  property  from  which 


THE  CONSOLIDATION  ACT.  359 

said  nuisance  has  b'een  removed  or  abated  in  pursuance  of  this  section,  and 
may  be  recovered  by  action  against  such  propertj'.  And  it  shall  be  the  duty 
of  the  City  and  County  Attorney  to  foreclose  all  such  liens  in  the  proper 
Court,  in  the  name  of  and  for  the  benefit  of  said  city  and  county,  and  when 
the  property  is  sold  enough  of  the  proceeds  shall  be  paid  into  the  city  and 
county  treasury  to  satisfy  the  lien  and  costs,  and  the  overplus,  if  any  there 
be,  shall  be  paid  to  the  owner  of  the  property,  if  he  be  known,  and  if  not, 
then  into  the  Court  for  his  use  when  ascertained.  The  Board  of  Health  is 
hereby  vested  with  power  to  act  upon,  define,  determine,  and  adjudge  what 
shall  constitute  a  nuisance  in  said  city  and  county,  and  to  require  the  same 
to  be  abated  in  a  summary  manner.  Any  person  who  maintains,  permits  or 
allows  a  nuisance  to  exist  upon  his  or  her  property  or  premises,  after  the 
same  has  been  determined  by  said  Board  to  be  a  nuisance,  after  notice  to 
remove  the  same  has  been  served  upon  such  person,  is  guilty  of  a  misde- 
meanor, and  shall  be- punished  accordingly;  and  each  day  of  such  existence, 
after  notice,  shall  be  deemed  a  separate  and  distinct  ofi'ense,  and  it  is  the 
duty  of  the  Health  Officer  to  prosecute  all  persons  guilty  of  violating  this 
law  by  continuous  prosecutions  until  the  same  is  abated  and  removed. 

Sec.  3029.  The  Health  Officer  must  keep  in  his  office  a  book  in  which  he 
must  make  an  entry" of  all  fees  collected  by  him.  He  must  paj'  all  fees  col- 
lected to  the  City  and  County  Treasurer  weekly,  to  the  credit  of  the  General 
Fund. 

Skc.  3030.  The  Health  officer  must  execute  an  official  bond,  to  be  ap- 
proved by  the  Board  of  Health,  in  the  sum  of  ten  thousand  dollars. 

Sec.  3031.  Any  member  of  the  Board  of  Health,  Health  Officer,  or 
Quarantine  Officer,  or  Secretary,  or  Assistant  Secretary  of  the  Health  De- 
partment, is  empowered  to  administer  oaths  on  business  connected  with  that 
Department. 

Sec.  3032.  Whenever  any  cause  of  action  arises  under  any  of  the  pro- 
visions of  this  chapter,  suit  may  be  maintained  therein,  in  the  name  of  the 
Health  Officer,  in  any  District  Court  of  this  State. 

'  Sec.  3033.  Whenever  it  shall  be  certified  to  the  Board  of  Health,  by  the 
Health  Officer,  that  any  building,  or  part  thereof,  is  unfit  for  human  habita- 
tion, by  reason  of  its  being  so  infected  with  disease  as  to  be  likely  to  cause 
sickness  among  the  occupants,  or  by  reason  of  its  want  of  repair  has  become 
dangerous  to  life,  said  Board  may  issue  an  order,  and  cause  the  same  to  be 
affixed  conspicuously  ov  the  building,  or  part  thereof,  and  to  be  personally 
served  upon  the  owner,  agent  or  lessee,  if  the  same  can  be  found  in  this 
State,  requiring  all  persons  therein  to  vacate  such  building,  for  the  reasons 
to  be  stated  therein  as  aforesaid.  Such  building,  or  part  thereof,  shall, 
within  ten  days  thereafter  be  vacated,  or  within  such  shorter  time,  not  less 
than  twenty-four  hours,  as  in  said  notice  may^be  specified;  but  said  Board, 
if  it  shall  become  satisfied  that  the  danger  from  said  house,  or  part  thereof, 


360  THE  CONSOLIDATION  ACT. 

has  ceased  to  exist,  may  revoke  said  order,  and  it  shall  thenceforward  be- 
come inoperative. 

Sec.  3034,  One — Every  physician  in  the  city  and  county  shall  report  to 
the  Health  Officer,  in  writing,  every  patient  he  shall  have  laboring  under 
Asiatic  cholera,  variola,  diphtheria,  or  scarlatina,  immediately  thereafter, 
and  report  to  the  same  officer  every  case  of  death  from  such  disease,  imme- 
diately after  it  shall  have  occurred. 

Two — Every  household  in  said  city  and  county  shall  forthwith  report,  in 
writing,  to  the  Health  Officer,  the  name  of  every  person  boarding  or  an  in- 
mate at  his  or  her  house,  whom  he  or  she  shall  have  reason  to  believe  sick 
of  cholera  or  small-pox,  and  any  deaths  occurring  at  his  or  her  house  from 
such  disease. 

Sec.  3035.  The  Board  of  Health  shall  have  entire  charge  of  the  City 
Cemetery,  and  shall  employ  a  Superintendent,  at  a  salary  of  seventy-five 
dollars  per  month,  the  same  to  be  paid  as  the  salaries  of  other  employees 
are  paid. 

Sec.  3084.  Whenever,  by  existing  law,  or  by  ordinaL.ce  of  any  incorpor- 
ated city,  or  city  and  county,  or  by  ordinance  or  resolution  of  the  Board 
of  Supervisors  of  any  county,  a  permit  is  required  from  a  Board 
of  Health,  Health  Officer,  or  other  officer  or  person,  before  depositing 
or  burial  in  any  cemetery  of  any  human  body,  such  permit  shall  not  be 
granted  without  the  production  and  filing  with  such  Board  of  Health, 
Health  Officer,  or  other  authorized  officer  or  person,  a  certificate,  signed  by 
a  physician,  or  a  Coroner,  or  two  reputable  citizens,  setting  forth,  as  near  as 
possible,  the  name,  age,  color,  sex,  place  of  birth,  occupation,  date,  locality, 
and  the  cause  of  death  of  the  deceased.  And  no  certificate  shall  be 
received,  upon  which  to  grant  such  permit,  unless  signed  by  a  physician. 
Coroner,  or  two  reputable  citizens,  registered  as  such  under  his  proper  sig- 
nature at  the  office  ot  such  Board  of  Health,  Health  Officer,  or  other  author- 
ized officer  or  person. 

The  following  section  of  an  Act  passed  March  16,  1876,  Statutes  1875-6, 
p.  305,  appears  to  be  still  in  force: 

Section  4.  No  person,  master,  captain,  or  conductor  in  charge  of  any 
boat,  vessel,  railroad  car,  or  public  or  private  conveyance,  shall  receive  for 
transportation,  or  shall  transi^ort  the  body  of  any  person  who  has  died  within 
the  limits  of  the  City  and  County  of  San  Francisco,  without  obtaining  a 
permit  for  the  same  from  the  Health  Officer,  which  permit  shall  accompany 
the  body  to  its  destination;  and  no  person,  master,  captain  or  conductor,  as 
aforesaid,  shall  bring  into  or  transport  through  the  said  city  and  county,  the 
dead  body  of  any  person,  unless  it  be  accompanied  with  a  certificate  from 
some  proper  authority  of  the  place  whence  it  came,  stating  name,  age,  sex 
and  cause  of  death,  which  certificate  shall  be  filed  at  the  Health  Office;  pro- 
vided, that  in  no  case  shall  the  body  of  any  person  who  died  of  a  contagious 
disease  be  brought  to  the  city  within  one  year  of  the  day  of  death. 


THE  CONSOLIDATION  ACT.  361 


SUPPLEMENT     CLXIII. 


REVENUE  AND  TAXATION. 


STATE    CONSTITUTION   ART.    XIII. 

Section  1,  All  property  in  the  State,  not  exempt  under  the  laws  of  the 
United  States,  shall  be  taxed  in  proportion  to  its  value,  to  be  ascertained  as 
provided  by  law.  The  word  "property,"  as  used  in  this  article  and  section, 
is  hereby  declared  to  include  moneys,  credits,  bonds,  stocks,  dues,  franchises, 
and  all  other  matters  and  things,  real,  personal,  and  mixed,  capable  of  pri- 
vate ownership; /^j-ot'tc/ecZ,  that  growing;  crops,  property  used  exclusively  for 
public  schools,  and  siich  as  may  belong  to  the  United  States,  this  State,  or  to 
any  county  or  municipal  corporation  within  this  State,  shall  be  exempt  from 
taxation.  The  Legislature  may  provide,  except  in  case  of  credits  secured  by 
mortgage  or  trust  deed,  for  a  deduction  from  credits  of  debts  due  to  bona  fide 
residents  of  this  State 

Sec.  2.  Land,  and  the  improvements  thereon,  shall  be  separately  assessed. 
Cultivated  and  uncultivated  land,  of  the  same  quality,  and  similarly  situ- 
ated, shall  be  assessed  at  the  same  value.         *        a        *         -        ^         ■         * 

Sec.  4.  A  mortgage,  deed  of  trust,  contract,  or  other  obligation  by 
which  a  debt  is  secured,  shall,  for  the  purposes  of  assessment  and  taxation, 
be  deemed  and  treated  as  an  interest  in  the  property  ati'ected  thereby.  Ex- 
cept as  to  railroad  and  other  quasi-public  corporations,  in  case  of  debts  so 
secured,  the  value  of  the  property  affected  by  such  mortgage,  deed  of  trust, 
contract,  or  obligation,  less  the  value  of  such  security,  shall  be  assessed  and 
taxed  to  the  owner  of  the  property,  and  the  value  of  such  security  shall  be 
assessed  and.  taxed  to  the  owner  thereof,  in  the  county,  city,  or  district  in 
which  the  property  affected  thereby  is  situate.  The  taxes  so  levied  shall  be 
a  lien  upon  the  property  and  security,  and  may  be  paid  by  either  party  to 
such  security;  if  paid  by  the  owner  of  the  security,  the  tax  so  levied  upon 
the  property  affected  thereby  shall  become  a  part  of  the  debt  so  secured ;  if 
the  owner  of  the  property  shall  pay  the  tax  so  levied  on  such  security,  it 
shall  constitute  a  payment  thereon,  and  to  the  extent  of  such  payment  a  full 
discharge  thereof;  provided,  that  if  any  such  security  or  indebtedness  shall 
be  paid  by  any  such  debtor  or  debtors,  after  assessment  and  before  the  tax 
levy,  the  amount  of  such  levy  may  likewise  be  retained  by  such  debtor  or 
debtors,  and  shall  be  computed  according  to  the  tax  levy  for  the  preceding 
year. 


362  THE  CONSOLIDATION  ACT. 

Sec.  5.  Every  coutract  hereafter  made,  by  which  a  debtor  is  obligated  to 
pay  any  tax  or  assessment  on  money  loaned,  or  on  any  mortgage,  deed  of  trust, 
or  other  lien,  shall,  as  to  any  interest  specified  therein,  and  as  to  such  tax  or 
assessment,  be  null  and  void. 

Sec.  6.  The  power  of  taxation  shall  never  be  surrendered  or  suspended  by 
any  grant  or  contract  to  which  the  State  shall  be  a  party . 

Sec.  7.  The  Legislature  shall  have  the  power  to  provide,  by  law,  for  the 
payment  of  all  taxes  on  real  property  by  installments. 

Sec.  8.  The  Legislature  shall,  by  law,  require  each  taxpayer  in  this  State 
to  make  and  deliver  to  the  County  Assessor,  annually,  a  statement,  under 
oath,  setting  forth  specifically  all  the  real  and  personal  property  owned  by 
such  taxpayer,  or  in  his  possesrion,  or  under  his  control,  at  twelve  o'clock 
meridian  on  the  first  Monday  of  March. 

Sec,  9.  A  State  Board  of  Equalization,  con>ibtiDg  of  one  member  from 
each  Congressional  District  in  this  State,  as  the  same  existed  in  eighteen 
hundred  and  seveutj-nine,  shall  be  elected  by  the  qualified  electors  of  their 
respective  districts,  at  the  general  election  to  be  held  in  the  year  one  thou- 
sand eight  hundred  and  eighty-six,  and  at  each  gubernatorial  election  there- 
after, whose  term  of  office  shall  be  for  four  years;  whose  duty  it  shall  be  to 
equalze  the  valuation  of  the  taxable  property  in  the  several  counties  of  the 
State  for  the  purposes  of  taxation.  The  Controller  of  State  shall  be  ex  officio  a 
member  of  the  Board.  The  Boards  of  Supervisors  of  the  several  counties  of 
the  State  shall  constitute  Boards  of  Equalization  for  their  respective  coun- 
ties, whose  duty  it  shall  be  to  equalize  the  valuation  of  the  taxable  properly 
in  the  county  for  the  purpose  of  taxation;  provided,  such  State  and  County 
Boards  of  Equalization  are  hereby  authorized  and  empowered,  under  such 
rules  of  notice  as  the  County  Boards  may  prescribe,  as  to  the  county  assess- 
ments, and  under  such  rules  of  notice  as  the  State  Board  may  prescribe  as  to 
the  action  of  the  State  Board,  to  increase  or  lower  the  entire  assessment  roll, 
or  any  assessment  contained  therein,  so  as  to  equalize  the  assessment  of  the 
property  contained  in  said  assessment  roll,  and  make  the  assessment  con- 
form to  the  true  value  in  money  of  the  property  contained  in  said  roll;  pro- 
vided, that  no  Board  of  Equalization  shall  raise  any  mortgage,  deed  of 
trust,  contract,  or  other  obligation  by  which  a  debt  is  secured,  money,  or 
solvent  credits,  above  its  face  value.  The  present  State  Board  of  Equaliza- 
tion shall  continue  in  office  until  their  successorF,  as  herein  provided  for, 
shall  be  elected  and  shall  qualify.  The  Legislature  shall  have  power  to  re- 
district  the  State  into  four  districts  as  nearly  equal  in  population  as  practical, 
and  to  provide  for  the  elections  of  members  of  said  Board  of  Equalization. 
[Amendment  adopted  November  4,  1884.] 

Sec.  10.  All  property,  except  as  hereinafter  in  this  section  provided,  shall 
be  assessed  in  the  county,  city,  city  and  county,  town,  township,  or  district 
in  which  it  is  situated,  in  the  manner  prescribed  by  law.  The  franchise,  road- 


THE  CONSOLIDATION  ACT.  363 

way,  roadbed,  rails,  and  rolliug  stock  of  all  railroads  operated  in  more  than 
one  county  in  this  State  sba'l  be  assessed  by  the  State  Board  of  Equaliza- 
tion, at  their  actual  value,  and  the  same  shall  bg  apportioned  to  the  counties, 
cities  and  counties,  cities,  towns,  townships,  and  districts  in  which  such  rail- 
roads are  located,  in  proportion  to  the  number  of  miles  of  railway  laid  in 
such  counties,  cities  and  counties,  cities,  towns,  townships,  and  districts. 

Sec.  11.  Income  taxes  may  be  assessed  to  and  collected  frum  persons, 
corporations,  joint-stock  associations,  or  companies  resident  or  doing  busi- 
ness in  this  State,  or  any  one  or  more  of  them,  in  such  cases  and  amounts 
and  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  12.  The  Legislature  shall  provide  for  the  levy  and  collection  of  an 
annual  poll  tax  of  not  less  than  two  dollars  on  every  male  inhabitant  of  this 
State,  over  twenty-one  and  under  sixty  years  of  age,  except  paupers,  idiotP, 
insane  persons,  and  Indians  not  taxed.  Said  tax  shall  be  paid  into  the  State 
School  Fnnd. 

Sec.  13.  The  Legislature  shall  pass  all  laws  necessary  to  carry  out  the 
provisions  of  this  article. 


POLITICAL  CODE. 
PART  III,  TITLE  IX,  CHAPTER  I. 

PROPERTY  LIABLE  TO  TAXATION. 

Seo.  3607.  All  property  in  this  State,  not  exempt  under  the  laws  of  the 
United  States,  ( xceptiug  growing  crops,  properly  used  exclusively  for  public 
schools,  and  such  as  may  belong  to  the  United  States,  this  State,  or  to  any 
county,  or  municipal  corporation  within  this  State,  is  subject  to  taxation  as 
in  this  Code  provided;  but  nothing  in  this  Code  shall  be  construed  to  require 
or  jDermit  double  taxation. 

Sec  3608.  Shares  of  stock  in  corporations  possess  no  intrinsic  value  over 
and  above  the  actual  value  of  the  property  of  the  corporation  which  they 
stand  for  and  represent,  and  the  assessment  and  taxation  of  such  shares  and 
also  of  the  corporate  property  would  be  double  taxation.  Therefore,  all 
property  belonging  to  corporations  shall  be  assessed  and  taxed,  but  no  as- 
sessment shall  be  made  of  shares  of  stock,  nor  shall  any  holder  thereof  be 
taxed  therefor. 


364  THE  CONSOLIDATION  ACT. 


CHAPTER    II 


DEFINITIONS. 


Sec.  3617.  Whenever  the  terms  mentioned  in  this  section  are  employed 
in  this  Act  they  are  employed  in  the  sense  hereafter  affixed  to  them: — 

Fi7-st — The  term  "property"  includes  moneys,  credits,  bonds,  stocks, 
dues,  franchises,  and  all  other  matters  and  things,  real,  personal,  and  mixed, 
capable  of  private  ownership. 

Second — The  term  "real  estate"  includes: 

1.  The  possession  of,  claim  to,  ownership  of,  or  right  to,  the  possession 
of  land. 

2.  All  mines,  minerals,  and  quarries  in  and  under  the  land,  all  timber 
belonging  to  individuals  or  corporations  growing  or  being  on  the  lands  of 
the  United  States,  and  all  rights  and  privileges  appertaining  thereto. 

3.  A  mortgage,  deed  of  trust,  contract,  or  other  obligation  by  which  a 
debt  is  secured,  when  land  is  pledged  for  the  payment  and  discharge  thereof, 
shall,  for  the  purpose  of  assessment  and  taxation,  be  deemed  and  treated  as 
an  interest  in  the  land  so  pledged. 

4.  Impi'ovements. 

Third — The  term  "improvements"  includes: 

1.  All  buildings,  structures,  fixtures,  fences,  and  improvements  erected 
upon  or  affixed  to  the  laud. 

2.  Ail  fruit,  nut-bearing  or  ornamental  trees  and  vines  not  of  natural 
growth. 

Fourth — The  term  "personal  property"  includes  everything  which  is  the 
subject  of  ownership  not  included  within  the  meaning  of  the  term  "  real 
estate." 

FifUi — The  terms  "value"  and  "  full  cash  value"  mean  the  amount  at 
which  the  property  would  be  taken  in  payment  of  a  just  debt  due  from  a 
solvent  debtor. 

Sixth— The  term  "credits"  means  those  solvent  debts,  not  secured  by 
mortgage  or  trust  deed,  owing  to  the  person,  firm,  corporation,  or  associa- 
tion assessed.  The  term  "debts"  means  those  unsecured  liabilities  owing 
by  the  person,  firm,  corporation,  or  association  assessed  to  bona  fide  resi- 
dents of  this  State,  or  firms,  associations,  or  corporations  doing  business 
therein;  but  credits,  claims,  debts,  and  demands  due,  owing,  or  accruing  for 
or  on  account  of  money  deposited  with  savings  and  loan  corporations  shall,  for 
the  purpose  of  taxiition,  be  deemed,  and  treated  as  an  interest  in  the  prop- 
erty of  such  corporation,  and  shall  not  be  assessed  to  the  creditor  or  owner 
thereof. 


THE  CONSOLIDATION  ACT.  365 


CHAPTEE    III 


ASSESSMENT  OF  PROPERTY. 


Sec.  3627.  All  taxable  property  must  be  assessed  at  its  full  cash  value 
Land  and  improvements  thereou  shall  be  separately  assessed.  Cultivated 
and  uncultivated  land  of  the  same  quality,  and  similarly  situated,  shall  be 
assessed  at  the  same  value.  A  mortgage,  deed  of  trust,  contract,  or  other 
obligation  by  which  a  debt  is  secured,  shall,  for  the  purposes  of  assessment 
and  taxation,  be  deemed  and  treated  as  an  interest  in  the  property  affected 
thereby,  except  as  to  railroad  and  other  quasi-public  corporations.  In  case  of 
debts  so  secured,  the  value  of  the  property  affected  by  such  mortgage,  deed  of 
trust,  contract,  or  obligation,  less  the  value  of  such  security,  shall  be  assessed 
and  taxed  to  the  owner  of  the  property,  and  the  value  of  such  security  shall 
be  assessed  and  taxed  to  the  owner  thereof,  in  the  county,  city,  or  district 
in  which  the  property  aliected  thereby  is  situated.  The  taxes  so  levied  shall 
be  a  lien  upon  the  property  and  security,  and  may  be  paid  by  either  party  to 
such  security;  if  paid  by  the  owner  of  the  security,  the  tax  so  levied  upon  the 
property  affected  thereby  shall  become  a  part  of  the  debt  so  secured.  If  the 
owner  of  the  property  shall  pay  the  tax  so  levied  on  such  security,  it  shall 
constitute  a  payment  thereon,  and,  to  the  extent  of  such  payment,  a  full  dis- 
charge thereof.  If  any  such,security  or  indebtedness  shall  be  paid  by  any 
such  debtor  or  debtors  after  assessment  and  before  the  tax  levy,  the  amount 
of  such  levy  may  likewise  be  retained  by  such  debtor  or  debtors,  and  shall 
be  computed  according  to  the  tax  levy  for  the  preceding  year;  and  every 
contract  by  which  a  debtor  is  obliged  to  pay  any  tax  or  assessment  on  money 
loaned,  or  on  any  mortgage,  deed  of  trust,  or  other  lien,  shall,  as  to  any  in- 
terest specified  therein,  and  as  to  such  tax  or  assessment,  be  null  and  void. 

Sec.  3628.  The  franchise,  roadway,  roadbed,  rails,  and  rolling  stock  of 
all  railroads  operated  in  more  than  one  county  in  this  State,  shall  be  assessed 
by  the  State  Board  of  Equalization  as  hereinafter  provided  for.  Other  fran- 
chises, if  granted  by  the  authorities  of  a  county,  city,  or  city  and  county, 
must  be  assessed  in  the  county,  city,  or  city  and  county  within  which  they 
were  granted;  if  granted  by  any  other  authority  they  must  be  assessed  in  the 
county  in  which  the  corporations,  firms,  or  persons  owning  or  holding  them 
have  their  principal  place  of  business.  All  other  taxable  property  shall  be 
assessed  in  the  county,  city,  city  and  county,  town,  township,  or  district  in 
which  it  is  situated.  Land  shall  be  assessed  in  parcels  or  subdivisions  not 
exceeding  six  hundred  and  forty  acres  each,  and  tracts  of  land  containing 
more  than  six  hundred  and  forty  acres,  which  have  been  sectiouized  by  the 
United  States  Government,  shall  be  assessed  by  sections  or  fractions  of  sec- 


366  THE  CONSOLIDATION  ACT. 

tions.  The  Assessor  must,  between  the  first  Mondays  of  March  and  July  in 
each  year,  ascertain  the  names  of  all  taxable  inhabitants,  and  all  property  in 
his  county  subject  to  taxation,  except  such  as  is  required  to  be  assessed  by 
the  State  Board  of  Equalization,  and  must  assess  such  property  to  the  per- 
sons by  whom  it  was  owned  or  claimed,  or  in  whose  possession  or  control  it 
was  at  twelve  o'clock  m.  of  the  first  Monday  of  March  next  preceding;  but 
no  mistake  in  the  name  of  the  owner,  or  supposed  owner  of  real  property, 
shall  render  the  assessment  thereof  invalid.  In  assessing  solvent  credits 
not  secured  by  mortgage  or  trust  deed,  a  reduction  therefrom  shall  be  made 
of  debts  due  to  bona  fide  residents  of  this  State. 

Sec.  3629.  He  must  exact  from  each  person  a  statement,  under  oath, 
setting  forth  specifically  all  the  real  and  personal  property  owned  by  sach 
person,  or  in  his  possession,  or  under  his  control,  at  twelve  o'clock  m.  on 
the  first  Monday  in  March.  Such  statement  shall  be  in  writing,  showing 
separately : 

1.  All  property  belonging  to,  claimed  by,  or  in  the  possession  or  under 
the  control  or  management  of  such  person. 

2.  All  property  belonging  to,  claimed  by,  or  in  the  possession  or  under 
the  control  or  management  of  any  firm  of  which  such  person  is  a  member. 

3.  All  property  belonging  to,  claimed  by,  or  in  the  possession  or  under 
the  control  or  management  of  any  corporation  of  which  such  person  is  Presi- 
dent, Secretary,  Cashier,  or  managing  agent. 

4.  The  county  in  which  such  property  is  situated,  or  in  which  it  is  liable 
to  taxation,  and  (if  liable  to  taxation  in  the  county  in  which  the  statement 
is  made)  also  the  city,  town,  township,  school  district,  road  district,  or  other 
revenue  districts  in  which  it  is  situated. 

5.  An  exact  description  of  all  lands  in  parcels  or  subdivisions,  not  ex- 
ceeding six  hundred  and  forty  acres  each,  and  the  sections  and  fractional 
sections  of  all  tracts  of  land  containing  more  than  six  hundred  and  forty 
acres,  which  have  been  sectionized  by  the  United  States  Government,  im- 
provements and  personal  property,  including  all  vessels,  steamers,  and  other 
water  craft,  and  all  taxable  State,  county,  city,  or  other  municipal  or  public 
bond?,  and  the  taxable  bonds  of  any  person,  firm,  or  corporation,  and  de- 
posits of  money,  gold  dust,  or  other  valuables,  and  the  names  of  the  persons 
with  whom  such  deposits  are  made,  and  the  places  in  which  they  may  be 
found,  all  mortgages,  deeds  of  trust,  contracts,  and  other  obligations  by 
which  a  debt  is  secured  and  the  property  in  the  county  affected  thereby. 

6.  All  solvent  credits,  unsecured  by  deed  of  trust,  mortgage,  or  other 
lien  on  real  or  personal  property,  due  or  owing  to  such  person,  or  any  firm 
of  which  he  is  a  member,  or  due  or  owing  to  any  corporation  of  which  he 
is  President,  Secretary,  Cashier,  or  Managing  Agent,  deducting  from  the 
sum  total  of  such  credits  such  debts  only,  unsecured  by  trust  deed,  mort- 
gage, or  other  lieu  on  real  or  personal  property,  as  may  be  owing  by  such 
person,  firm,  or  corporation,  to  bona  fide  residents  of  this  State,  No  debt 
shall  be  so  deducted  unless  the  statement  shows  the  amount  of  such  debt  as 


THE  CONSOLIDATION  ACT.  367 

stated  under  oath  iu  aggregate;  provided,  in  case  of.  banks  the  statement  is 
not  required  to  show  the  debt  in  detail,  or  to  whom  it  is  owing;  but  the 
Assessor  shall  have  the  privilege  of  examining  the  books  of  such  banks  to 
verify  said  stat(ynent.  Whenever  one  member  of  a  firm,  or  one  of  the  proper 
officers  of  a  corporation,  has  made  a  statement  showing  the  property  of  the 
firm,  or  corporation,  another  member  of  the  firm,  or  another  officer,  need 
not  include  such  property  iu  the  statement  made  by  him;  but  his  statement 
must  show  the  name  of  the  person  or  officer  who  made  the  statement  in 
which  such  property  is  included. 

Sec.  3630.  The  Board  of  Supervisors  must  furnish  the  Assessor  with 
"blank  forms"   of  the   statements  provided  for  in  the  preceding  section, 

affixing  thereto  an  affidavit,  which  must  be  substantially  as  follows:  "  I,  

,  do  swear  that  I  am  a  resident  of  the  county  of  (naming  it);  that  the 

above  list  contains  a  full  and  correct  statement  of  all  property  subject  to 
taxation  which  I,  or  any  firm  of  which  I  am  a  member,  or  any  corporation, 
association,  or  company  of  which  I  am  President,  Cashier,  Secretary,  or 
Managing  Agent,  owned,  claimed,  possessed,  or  controlled  at  12  o'clock  m. 
on  the  firtt  Monday  in  March  last,  and  which  is  not  already  assessed  this 
year;  and  that  I  have  not  in  any  manner  whatsoever  transferred  or  disposed 
of  any  property,  or  placed  any  property  out  of  said  county,  or  my  pos- 
session, for  the  purpose  of  avoiding  any  assessment  upon  tlie  same,  or  of 
making  this  statement;  and  that  the  debts  therein  stated  as  owing  by  me  are 
owing  to  bona  fide  residents  of  this  State,  or  to  firms  or  corporations  doing 
business  in  this  State."  The  affidavit  to  the  statement  on  behalf  of  a  firm 
or  corporation  must  stute  the  principal  place  of  business  of  the  firm  or  cor- 
poration, and  in  other  respects  must  conform,  substantially,  to  the  preceding 
form. 

SEC.3C31.  The  Assessor  may  fill  out  the  statement  at  the  time  he  pre- 
sents it,  or  he  may  deliver  it  to  the  person  and  require  him,  within  an  ap- 
pointed time,  to  return  the  same  to  him,  properly  filled  out. 

Sec.  3632.     Every  Assessor  shall  have  power: 

Fint—To  require  any  person  found  within  such  Assessor's  respective 
county  to  make  and  subscribe  an  affidavit,  giving  his  name  and  place  of  resi- 
dence. 

Second  —To  subpojua  and  examine  any  person  in  relation  to  any  statement 
furnished  to^him,  or  which  discloses  property  which  is  assessable  in  his  re- 
spective county;  and  he  maj' exercise  this  power  in  any  county  where  the 
persons  whom  he  desires  to  examine  may  be  found,  but  shall  have  no  power 
to  require  such  persons  to  appear  before  him  in  any  other  county  than  that 
in  which  the  subpojna  is  served  upon  them.  Every  person  who  shall  refuse 
to  furnish  the  statement  hereinbefore  required  in  this  chapter,  or  to  make  and 
subscribe  such  affidavit  respecting  his  name  and  place  of  residence,  or  to  ap- 
pear and  testify  when  requested  so  to  do  by  the  Assessor,  as  above  provided, 
shall,  for  each  and  every  refusal,  and  as  often  as  the  same  is  repeated,  forfeit 


368  THE  CONSOLIDATION  ACT. 

to  the  people  of  the  State  the  sum  of  one  hundred  dollars,  in  gold  coin  of 
the  United  States,  to  be  recovered  by  action  brought  in  their  name  by  the  re- 
spective Assessor  in  any  Police  or  Justice's  Court.  In  case  such  aflBdavit  shall 
show  the  residence  of  the  person  making  the  same  to  be  in  any  county  other 
than  that  in  which  it  is  taken,  or  the  statement  shall  disclose  property  in  any 
county  other  than  that  in  which  it  is  made,  the  Assessor  shall,  in  the  respec- 
tive case,  file  the  affidavit  or  statement  in  his  office,  and  transmit  a  copy  of 
the  same,  certified  by  him,  to  the  Asssessor  of  the  county  in  which  such  resi- 
dence or  property  is  therein  shown  to  be.  One-half  of  all  moneys  recovered 
by  any  Assessor  under  the  provisions  of  this  section  must  by  him  be  paid 
into  the  Treasury  of  his  county,  and  the  other  half  may  be  retained  by  the 
Assessor  for  his  own  use. 

Sec.  3633.  If  any  person,  after  demand  made  by  the  Assessor,  neglects  or 
refuses  to  give,  under  oath,  the  statement  herein  provided  for,  or  to  comply 
with  the  other  requirements  of  this  title,  the  Assessor  must  note  the  refusal 
on  the  assessment  book,  opposite  his  name,  and  must  make  an  estimate  of 
the  value  of  the  property  of  such  person;  and  the  value  so  fixed  by  the  As- 
sessor must  not  be  reduced  by  the  Board  of  Supervisors. 

Sec.  3634.  "When  the  Assessor  has  not  received  from  the  owner  of  a  tract 
of  land  the  statement  required  by  section  three  thousand  six  hundred  and 
twenty-nine,  or  when  such  statement  does  not  sufficiently  describe  a  tract  of 
land  to  enable  the  Assessor  to  assess  the  same  as  required  by  law,  and  the 
owner  or  his  agent,  or  in  case  they  cannot  be  found  or  are  unknown,  the 
person  in  possession  thereof,  neglects  for  ten  days  after  demand  by  the  As- 
sessor to  furnish  said  Assessor  with  such  description,  the  Assessor  shall  cite 
such  owner,  or  agent,  or  person  in  possession,  to  appear  before  the  Superior 
Court  of  the  county  wherein  such  land  is  situated,  within  five  days  after  ser- 
vice of  such  citation,  and  the  said  Superior  Court  shall,  upon  the  day  named 
in  such  citation,  to  the  exclusion  of  all  other  business,  proceed  to  hear  the 
return  and  answer  of  the  said  owner,  or  agent,  or  person  in  possession,  to 
the  said  citation;  and  if  the  Court  shall  find  that  the  land  has  not  been  sur- 
veyed or  divided  into  subdivisions  of  six  hundred  and  forty  acres,  or  less,  so 
that  each  part  or  parcel  may  be  described  by  metes  and  bounds,  then  the 
Court  shall,  by  order  duly  entered  in  open  Court,  direct  the  County  Surveyor 
to  make  a  survey,  and  define  the  boundaries  and  location  of  said  land  by 
parcels  or  subdivisions  not  exceeding  six  hundred  and  forty  acres  each,  and 
deliver  the  same  to  the  County  Assessor.  The  expense  of  making  such  sur- 
vey and  description  by  the  County  Surveyor  shall  be  a  lien  upon  the  land, 
and  shall,  when  approved  by  the  said  Superior  Court,  be  certified  by  said 
Court  to  the  Tax  Collector  of  the  county  where  the  land  is  situated,  and  be 
added  to  the  taxos  upon  said  land,  and  be  collected  as  other  taxes  are  col- 
lected. 

Sec.  3635.  If  the  owner  or  claimant  of  any  property,  not  listed  by  an- 
other person,  is  absent  or  unknown,  the  Assessor  must  make  an  estimate  of 
the  value  of  such  property. 


THE  CONSOLIDATION  ACT.  369 

Sec.  3G36.  If  the  name  of  the  absent  owner  is  known  to  the  Assessor,  the 
property  must  be  assessed  in  his  name;  if  unknown,  the  property  must  be 
assessed  to  "unknown  owners." 

Sec.  3637.  The  Assessor,  as  soon  as  he  receives  a  statement  of  any  tax- 
able property  situated  iu  another  county,  must  make  a  copy  of  such  state- 
ment for  each  county  in  which  the  same  is  situated,  and  transmit  the  same, 
by  mail  or  express,  to  the  Assessor  of  the  proper  county,  who  must  assess 
the  same  as  other  taxable  property  therein. 

Skc.  3G38.  All  personal  property  consigned  for  sale  to  any  person  within 
this  State  from  any  place  out  of  this  State  must  be  assessed  as  other  prop- 
erty. 

Sko.  3G39.  When  a  person  is  assessed  as  agent,  trustee,  bailee,  guardian, 
executor,  or  administrator,  his  representative  designation  must  be  added  to 
his  name,  and  the  assessment  entered  on  a  separate  line  from  his  individual 
assessment. 

Sec.  3641.  The  property  of  every  firm  and  corporation  must  be  assessed 
iu  the  county  where  the  property  is  situate,  and  must  be  assessed  in  the  name 
of  the  firm  or  corporation. 

Sec.  3642.  The  undistributed  or  unpartitioned  property  of  deceased  per- 
sons may  be  assessed  lo  the  heirs,  guardians,  executors,  or  administrators;  and 
apaymtnt  of  taxes  made  by  either  binds  all  the  parties  in  interest  for  their 
equal  proportions.  ' 

Sec.  3643.  A  ferryboat  is  a  vessel  traversing  across  any  of  the  waters  of 
the  State,  between  two  constant  points,  regularly  employed  for  the  transfer 
of  passengers  and  freight,  authorized  by  law  so  to  do,  and  also  any  boat  em- 
ployed as  a  part  of  the  system  of  a  railroad  for  the  transfer  of  passengers 
and  freight,  plying  at  regular  and  stated  periods  between  two  points.  ^Vhere 
ferries  connect  more  than  one  county,  the  wharves,  storehouses,  and  all  sta- 
tionary property  belonging  to  or  connected  with  such  ferries,  must  be  assessed, 
and  the  taxes  paid,  in  the  county  where  located.  The  value  of  the  franchise, 
and  watercraft,  and  of  all  toll  bridges  connecting  more  than  one  county, 
must  be  assessed  in  equal  proportions  in  the  counties  connected  by  such  fer- 
ries or  toll  bridges. 

Sec.  3644.  All  vessels,  except  ferryboats,  which  maybe  registered,  of  every 
class  which  are  by  law  required  to  be  registered,  must  be  assessed,  and  the 
taxes  thereon  paid,  only  in  the  county,  or  city  and  county,  where  the  same 
are  registered,  enrolled,  or  licensed. 

Sec.  3645.  Vessels  registered,  licensed,  or  enrolled  out  of  and  plying  in 
whole  or  in  part  in  the  waters  of  this  State,  the  owners  of  which  reside  in 
this  State,  must  be  assessed  in  this  State. 

Sec.  3646.     All  boats  and  small  craft  not  required  to  be  registered,  must 
be  assessed  in  the  county  where  their  owner  resides. 
24 


370  THE  CONSOLIDATION  ACT. 

Sec.  3647.  Money  and  propeit}'  in  litigation  in  possession  of  a  County 
Tieasurer,  of  a  Court,  County  Clerk,  or  Receiver,  must  be  assessed  to  such 
Treasurer,  Clerk,  or  Receiver,  and  the  taxes  be  paid  thereon  under  the  direc- 
tion of  the  Court. 

Sec.  3648.  Any  property  ■willfully  concealed,  removed,  transferred,  or 
misrepresented  by  the  owner  or  agent  thereof,  to  evade  taxation,  upon  dis- 
Cfivery  must  be  assessed  at  not  exceeding  ten  times  its  value,  and  the  assess- 
ment 80  made  must  not  be  reduced  by  the  Board  of  Supervisors. 

Sec.  3649.  Any  property  discovered  by  the  Assessor  to  have  escaped  as- 
sessment for  the  last  preceding  year,  if  such  property  is  in  the  ownership  or 
under  the  control  of  the  same  person  who  owned  or  controlled  it  for  such 
preceding  year,  may  be  assessed  at  double  its  value. 

Sec.  3650.  The  Assessor  must  prepare  an  assessment  book,  with  appro- 
priate headings,  alphabetically  arranged,  unless  otherwise  directed  by  the 
State  Board  of  Equalization,  in  which  must  be  listed  all  property  within  the 
county,  and  in  which  must  be  specified  in  separate  columns,  under  the  ap- 
propriate head: 

1.  The  name  of  the  person  to  whom  the  property  is  assessed. 

2.  Land,  by  township,  range,  section,  or  fractional  section;  and  when 
such  land  is  not  a  congressional  division  or  subdivision,  by  metes  and  bounds  ^ 
or  other  description  sufficient  to  identify  it,  giving  an  estimate  of  the  num- 
ber of  acres  (not  exceeding  in  each  and  every  tract,  six  hundred  and  forty 
acres),  locality,  and  the  improvements  thereon.  When  any  tract  of  land  is 
situate  in  two  or  more  school,  road,  or  other  revenue  district  of  the  county, 
the  part  in  each  township  or  district  must  be  separately  assessed,  together 
with  the  improvements  thereon, 

3.  City  and  town  lots,  naming  the  city  or  town,  and  the  number  of  the 
lot  and  block,  according  to  the  system  of  numbering  in  such  city  or  town,, 
and  improvements  thereon. 

4.  All  personal  property,  showing  the  number,  kind,  amount,  and  qual- 
ity; but  d  failure  to  enumerate  in  detail  such  personal  property,  does  not  in- 
validate the  assessment. 

5.  The  cash  value  of  real  estate,  other  than  city  or  town  lots. 

6.  The  cash  value  of  improvements  on  such  real  estate. 

7.  The  cash  value  of  city  and  town  lots, 

8.  The  cash  value  of  improvements  on  city  and  town  lots. 

9.  The  cash  value  of  improvements  on  real  estate  assessed  to  persons  other 
than  the  owners  of  the  real  estate, 

10.  The  cash  value  of  all  personal  property,  exclusive  of  money. 

11.  The  amount  of  money. 

12.  The  assessment  of  the  franchise,  roadway,  roadbed,  rails,  and  roll- 
ing stock  of  any  railroad,  as  apportioned  to  his  county  by  the  State  Board  of 
Equalization;  and  also  such  other  apportionments  of  such  franchises,  road- 


THE  CONSOLIDATION  ACT.  371 

ways,  roadbeds,  rails,  and  rolling  stock  as  may  be  made  by  such  Board,  and 
furnished  to  him  for  the  purpose  of  taxation  in  anj'  district  in  his  county. 
Taxable  improvements  owned  by  any  person,  firm,  association,  or  corpora- 
tion, located  upon  land  exemjjt  from  taxation,  phall,  as  to  the  manner  of  as- 
sessment, be  assessed  as  other  real  estate  upon  the  assessment  roll.  No  value 
shall,  however,  be  assessed  against  the  exempt  land,  nor  under  any  circum- 
stances shall  the  land  be  charged  with  or  become  responsible  for  the  assess- 
ment made  against  any  taxable  improvements  located  thereon. 

13.  The  school,  road,  and  other  revenue  districts  in  which  each  piece  of 
property  assessed  is  situated. 

14.  The  total  value  of  all  property. 

15.  When  any  property,  except  that  owned  by  a  railroad  or  other  quasi- 
public  corporation,  is  subject  to,  or  affected  by  a  mortgage,  deed  of  trust, 
contract  or  other  obligation  by  which  a  debt  is  secured,  he  must  enter,  in  the 
proper  column,  the  value  of  such  security,  and  deduct  the  same.  In  enter- 
ing assessments  containing  solvent  credits  subject  to  deductions,  as  provided 
in  section  three  thousand  six  hundred  and  twenty-eight  of  this  Code,  he  must 
enter,  in  the  proper  column,  the  value  of  the  debts  entitled  to  exemption, 
and  deduct  the  same.  In  making  the  deductions  from  the  total  value  of 
property  assessed,  as  above  directed,  he  must  enter  the  remainder  in  the  col- 
umn provided  for  the  total  value  of  all  property  for  taxation.  Each  franchise 
must  be  entered  on  the  assessment  roll  without  combining  the  same  with  other 
property  or  the  valuation  thereof. 

16.  The  figure  one  (1),  in  separate  columns,  opposite  the  name  of  every 
person  liable  to  pay  a  poll  tax. 

17.  Such  other  things  as  the  State  Board  of  Equalization  may  require. 
The  State  Board  of  Equalization  may  direct  the  book  to  be  otherwise  than 
alphabetically  arranged  in  any  county  or  city  and  county  of  this  State. 

Skc.  3651.  The  form  o£  the  assessment  book  shall  be  as  directed  by  the 
State  Board  of  Equalization,  and  in  those  counties,  or  cities  and  counties, 
for  which  said  Board  does  not  prescribe  a  different  form,  it  must  be  substan- 
tially as  follows: 

[In  the  City  and  County  of  San  Francisco  the  form  is  such  as  is  directed 
by  the  State  Board  of  Equalization.] 

Skc.  3652.  On  or  before  the  first  Monday  in  July,  in  each  year,  the 
Assessor  must  complete  his  assessment  book.  He  and  his  deputies  must 
take  and  subscribe  an  afiidavit  in  the  assessment  book,  to  be  substantially 

as  follows:    "  I, ,  Assessor  of  (or  Deputy  Assessor,  as  the  case  maybe), 

County,  do  swear  that   between  the  first  Monday  in  March  and  the 

first  Monday  in  July,  eighteen  hundred  and  — — — ,  I  have  made  diligent 
inquiry  and  examination  to  ascertain  all  the  property  within  the  county  (or 
within  the  subdivision  thereof  assessed  by  me,  as  the  case  may  be),  subject 
to  assessment  by  me,  and  that  the  same  has  been  assessed  on  the  assessment 


37:  THE  CONSOLIDATIOM  ACT. 

book,  equally  and  uniformly,  according  to  the  best  of  my  judgment,  informa- 
tion, and  belief,  at  its  full  cash  value;  and  that  I  have  faithfully  complied 
with  all  the  daties  imposed  on  the  Assessor  under  the  revenue  laws;  and 
that  I  have  not  imposed  any  unjust  or  double  assessment  through  malice  or 
ill-will,  or  otherwise;  nor  allowed  any  one  to  escape  a  just  and  equal  assess- 
ment through  favor,  or  reward,  or  otherwise."  But  the  failure  to  take  or 
subscribe  such  an  affidavit,  or  any  affidavit,  will  not  in  any  manner  affect  the 
validity  of  the  assessment. 

Sec.  3653.  The  Assessor  must,  when  directed  so  to  do  by  the  Board  of 
Supervisors,  in  a  map-book  make  a  plan  of  the  various  blocks  within  any 
incorporated  city  or  town,  and  mark  thereon  in  each  subdivison  the  name 
of  the  person  to  whom  it  is  assessed. 

Sec.  3654.  As  soon  as  completed,  the  assessment  book,  together  with  the 
map-book  and  statements,  must  be  delivered  to  the  Clerk  of  the  Board  of 
Supervisors,  who  must  immediately  give  notice  thereof  and  of  the  time  the 
Board  will  meet  to  equalize  assessments,  by  jDublication  in  a  newspaper,  if 
any  is  printed  in  the  county;  if  none,  then  in  such  manner  as  the  Board 
may  direct;  and  in  the  meantime  the  assessment  book  must  remain  in  his 
office  for  the  inspection  of  all  persons  interested. 

Sec.  3655.  On  the  first  Monday  in  July  in  each  year  the  Assessor  of  each 
county  must  transmit  to  the  State  Board  of  Equalization  a  statement  showing: 

1.  The  several  kinds  of  personal  property; 

2.  The  average  and  total  value  of  each  kind; 

3.  The  number  of  live  stock,  number  of  bushels  of  grain,  number  of  gal- 
lons of  wines  or  liquors,  number  of  pounds  or  tons  of  any  article  sold  by  the 
pound  or  ton; 

4.  When  practicable,  the  separate  value  of  each  class  of  land,  specifying 
the  classes  and  the  number  of.  acres  in  each. 

Sec.  3656.  Every  Assessor  who  fails  to  complete  his  assessment  book,  or 
who  fails  to  transmit  the  statement  mentioned  in  the  preceding  section  to 
the  State  Board  of  Equalization,  forfeits  the  sum  of  one  thousand  dollars,  to 
be  recovered  on  his  official  bond,  for  the  use  of  the  county. 

Sec.  3657.  Lands  once  described  on  the  assessment  book  need  not  be 
described  a  second  time,  but  any  person  claiming  the  same,  and  desiring  to 
be  assessed  therefor,  may  have  his  name  inserted  with  that  of  the  person 
to  whom  such  land  is  assessed. 

Sec.  3658.  The  Board  of  Supervisors  must  provide  maps  for  the  use  of 
the  Assessor,  showing  the  private  lands  owned  or  claimed  in  the  county,  and, 
if  surveyed  under  authority  of  the  United  States,  the  divisions  and  subdivis- 
ions of  the  survey;  if  held  under  Spanish  grants,  the  exterior  boundaries  of 
such  grants  and  the  number  of  acres  claimed.  Maps  of  cities  and  villages, 
or  school  districts,  may  in  like  manner  be  provided.  The  cost  of  making 
such  maps  is  a  county  charge,  and  must  be  paid  from  the  County  General 
Fund. 


THE  CONSOLIDATION  ACT.  373 

Sec.  3659.  On  or  before  the  first  Monday  in  March  in  each  year,  the 
Surveyor  General  of  the  State  and  the  Tide  Land  Commissioners  must 
make  out  and  transmit  to  the  Assessor  of  each  county  where  lands  or  lots  lie 
that  may  have  been  sold  by  the  State,  for  which  certificates  of  purchase, 
patents,  or  deeds  have  issued  during  the  year  preceding,  certified  lists  of 
such  lands  or  lots,  giving  a  description  thereof  by  congressional  divisions 
or  subdivisions,  or  lots  and  blocks,  together  with  the  names  of  the  purchasers 
thereof. 

Ssc.  3660,  The  Assessor  and  his  sureties  are  liable  on  his  official  bonds 
for  all  taxes  on  property  within  the  county,  which,  through  his  willful  fail- 
ure or  neglect,  is  unassessed. 

Sec.  3661.  The  District  Attorney  must,  after  the  Assessor  completes  the 
assessment  book  for  the  year,  commence  an  action  on  the  Assessor's  bond 
for  the  amount  of  taxes  lost  from  such  willful  failure  or  neglect. 

Sec.  3662.     On  the   trial  of  such  action,  the  value  of  the  property  un- 
•  assessed  being  shown,  judgment  for  the  amount  of  taxes  that  should  have 
been  collected  thereon  must  be  entered. 

Sec.  3663.  Water  ditches  constructed  for  mining,  manufacturing,  or  irri- 
gation purposes,  and  wagon  or  turnpike  toll-roads,  or  telegraph  lines,  must 
be  assessed  the  same  as  real  estate  by  the  Assessor  of  the  county,  at  a  rate 
per  mile  for  that  portion  of  such  property  as  lies  within  his  county. 

Sec.  3664.  The  President,  Secretary,  or  Managing  Agent,  or  such  other 
officer  as  the  State  Board  of  Equalization  may  designate,  of  any  corporation, 
and  each  person,  or  association  of  persons,  owning  or  operating  any  railroad 
in  more  than  one  county  in  this  State,  shall,  on  or  before  the  first  Monday  in 
April  of  each  year,  furnish  the  said  Board  a  statement,  signed  and  sworn  to 
by  one  of  such  oflfieers,  or  by  the  person  or  one  of  the  persons  forming  such 
association,  showing  in  detail  for  the  year  ending  on  the  first  Monday  in 
March  in  each  year: — 

1.  The  whole  number  of  miles  of  railway  in  the  State;  and  where  the 
line  is  partly  out  of  the  State,  the  whole  number  of  miles  without  the 
State,  and  the  whole  number  within  the  State,  owned  or  operated  by  such  cor- 
poration, person,  or  association. 

2.  The  value  of  the  roadway,  roadbed,  and  rails  of  the  whole  railway,  and 
the  value  of  the  same  within  the  State. 

3.  The  width  of  the  right  of  way. 

4.  The  number  of  each  kind  of  all  rolling  stock  used  by  such  corporation, 
l^erson,  or  association  in  operating  the  entire  railway,  including  the  part 
withoiit  the  State. 

5.  Number,  kind,  and  value  of  rolling  stock  owned  and  operated  in  the 
State. 

6.  Number,  kind,  and  value  of  rolling  stock  used  in  the  State,  but  owned 
by  the  party  making  the  returns. 


374  THE  CONSOLIDATION  ACT. 

7.  Number,  kiud,  aud  value  of  rolliDg  stock  owued,  but  used  out  of  the 
Statfc,  either  upon  divisions  of  road  operated  by  the  party  lunking  the  re- 
turns, or  by  and  upon  other  railways. 

Also,  showing  in  detail  for  the  year  preceding  the  first  of  January: — 

1.  The  gross  earnings  of  the  entire  road. 

2.  The  gross  earnings  of  the  road  in  the  State,  and  where  the  railway  is 
let  to  other  operators,  how  much  was  derived  by  the  lessor  as  rental. 

3.  The  cost  of  operating  the  entire,  exclusive  of  Sinking  Fund,  expenses 
of  land  department,  and  money  paid  to  the  United  States. 

4.  Net  income  for  such  year,  aud  amount  of  dividend  declared, 

5.  Capital  stock  authorized. 

6.  Capital  stock  paid  in. 

7.  Funded  debt. 

8.  Number  of  shares  authorized. 

9.  Number  of  shares  of  stock  issued. 

10.  Any  other  facts  the  State  Board  of  Equalization  may  require. 

11.  A  des-criptiou  of  the  road,  giving  the  points  of  entrance  into  and  the 
points  of  exit  from  each  county,  with  a  statement  of  the  number  of  miles  in 
each  county.  When  a  description  of  the  road  shall  once  have  beeu  given  no 
other  annual  de.scripliou  thereafter  is  necessary,  unless  the  road  shall  have 
been  changed.  Whenever  the  road,  or  any  portion  of  the  road,  is  advertised 
to  be  sold,  or  is  sold,  for  taxes,  either  State  or  county,  no  other  description 
is  necessary  than  that  given  by,  and  the  same  is  conclusive  upon,  the  cor- 
poration, person,  or  association  giving  the  description.  No  assessment  is 
invalid  on  account  of  a  misdescription  of  the  railway  or  the  right  of  way  for 
the  same.  If  such  statement  is  not  furnished  as  above  provided  the  assess- 
ment made  by  the  State  Board  of  Equalization  v;pon  the  property  of  the 
corporation,  person,  or  association  failing  to  furnish  the  statement  is  con- 
clusive and  final. 

Sec.  3665.  The  State  Board  of  Equalization  must  meet  at  the  State 
Capitol  on  the  iirst  Monday  in  Augunt,  aud  continue  iu  open  ses^sson  from  day 
to  day,  Sundays  excepted,  uniil  the  third  Monday  in  August.  At  such  meet- 
ing the  Board  must  assess  the  franchise,  roadwaj',  roadbed,  rails,  and  rolling 
stock  of  all  railroads  operated  in  more  than  one  county.  Assessment  must 
be  made  to  the  corporation,  person,  or  association  of  persons  owning  the 
same,  and  must  be  made  upon  the  entire  railway  within  the  State,  and  must 
include  the  right  of  way,  bridges,  culverts,  wharves,  and  moles  upon  which 
the  track  is  laid,  and  all  steamers  which  are  engaged  in  transporting  passengers, 
freights,  and  passenger  aud  freight  cars  across  waters  which  divide  the  road. 
The  depots,  stations,  shops,  and  buildings  erected  upon  the  space  covered  by 
the  right  of  way  are  assessed  by  the  Assessor  of  the  coiinty  wherein  they  are 
situate.  Within  ten  days  after  the  third  Monday  of  August,  the  Board  must 
apportion  the  total  assessment  of  the  franchise,  roadway,  roadbed,  rails,  aud 
rolling  stock  of  each  railway  to  the  counties,  or  cities  and  counties,  iu  which 


THE  CONSOLIDATION  ACT.  37o 

auch  railway  is  located,  in  proportion  to  the  uumber  of  miles  of  railway  laid 
in  such  counties,  and  cities  and  counties.  The  Board  must  also,  within 
said  time,  transmit  by  mail  to  the  County  Auditor  of  each  county,  or  city 
and  county,  to  which  such  apportionment  shall  have  been  made,  a  statement 
showing  the  length  of  the  main  track  of  such  railway  within  the  county,  or 
city  and  county,  with  a  description  of  the  whole  of  the  sairl  track  within  the 
county,  or  city  and  county,  including  the  right  of  way  by  metes  and  bounds 
or  other  description  sufficient  for  identification,  the  assessed  value  per  mile 
of  the  same  as  fixed  by  a  pro  rata  distribution  per  mile  of  the  assessed 
value  of  the  whole  franchise,  roadway,  roadbed,  rails,  and  rolling  stock 
of  such  railway  within  the  State,  'and  the  amount  apportioned  to  the 
county,  or  city  and  county.  The  Auditor  must  enter  the  statement  on  the 
assessment  roll  or  book  of  the  county,  or  city  and  county,  and  where  the 
county  IS  divided  into  assessorial  townships  or  districts,  then  on  the  roll  or 
book  of  any  township  or  district  he  may  select,  and  enter  the  amount  of  the 
assessment  apportioned  to  the  county,  or  city  and  county,  in  the  column  of 
the  assessment  book  or  roll  as  aforesaid,  which  shows  the  total  value  of  all 
property  for  taxation  either  of  the  county,  city  and  county,  or  such  township 
or  district.  On  the  first  Monday  in  October  the  Board  of  Supervisors  must 
make,  and  cause  to  be  entered  in  the  proper  record  book,  an  order  stating 
and  declaring  the  length  of  main  track  of  the  railway  assessed  by  the  State 
Board  of  Equaliziitiou  within  the  county;  the  assessed  value  per  mile  of 
such  railway,  the  number  of  miles  of  track,  and  the  assessed  value  of  such 
railwiiy  lying  in  each  city,  town,  township,  school,  and  road  district,  or 
lesser  taxing  district  in  the  county,  or  city  and  county,  through  which  such 
railway  runs,  as  fixed  by  the  State  Board  of  Equalization,  which  shall  coubti- 
tute  the  assessment  value  of  said  property  for  taxable  purposes  in  such  city, 
town,  township,  school,  road,  or  other  district;  and  the  Clerk  of  the  Board 
of  Supervisors  must  transmit  a  copy  of  each  order  or  equalization  to  the  City 
Courcil  or  Trustees,  or  other  legislative  body  of  incorporated  cities  or  towns, 
the  Trustees  of  each  school  district,  and  the  authorized  authorities  of  other  tax- 
ation districtsthiough  which  such  railway  runs.  All  such  railway  property  shall 
be  taxable  upon  said  assessment,  at  the  same  rates,  by  the  same  officers,  and 
for  the  same  purposes,  as  the  property  of  individuals  within  such  city,  town, 
tOMnship,  school,  road,  and  lesser  taxation  districts,  respectively.  If  the 
owner  ot  a  railway  assessed  by  the  State  Board  of  Equalization  is  dissatisfied 
with  the  assessment  made  by  the  Board,  such  owner  may,  at  the  meeting  of 
the  Board,  under  the  provision  of  section  three  thousand  six  hundred  and 
ninety- two  of  the  Political  Code,  between  the  third  Monday  in  August  and  the 
third  Monday  in  September,  apply  to  the  Board  to  have  the  same  corrected  in 
any  particular,  and  the  Board  may  correct  and  increase  or  lower  the  assess- 
ment made  by  it,  so  as  to  eqtialize  the  same  with  the  assessment  of  other 
property  in  the  State.  If  the  Board  shall  increase  or  lower  any  assessment 
previously  made  by  it,  it  must  make  a  statement  to  the  County  Auditor  of 
the  county  affected  by  the  change  in  the  assessment,  of  the  change  made, 


376  THE  CONSOLIDATION  ACT. 

and  the  Auditor  must  note  such  change  upon  the  assessment  book  or  roll  of 
the  county  as  directed  by  the  Board. 

Sec.  36G6.  The  State  Board  of  Equalization  must  prepare  each  year  a 
book,  to  be  called  "Kecord  of  Assessment  of  Railways,"  in  which  must  be 
eutered  each  assessment  made  by  the  Board,  either  in  writing  or  by  both 
writing  and  printing.  Each  assessment  so  entered  must  be  signed  by  the 
Chairman  and  Clerk.  The  record  of  the  apportionment  of  the  assessments 
made  by  the  Board  to  the  counties,  and  cities  and  counties,  must  be  made  in 
a  separate  book,  to  be  called  "Eecord  of  Apportionment  of  Railway  Assess- 
ments." In  such  last-described  book  must  be  entered  the  names  of  the  rail- 
ways assessed  by  the  Board,  the  names  of  the  corporation  to  which,  or  the 
name  of  the  person  or  association  to  whom,  each  railway  was  assessed,  the 
whole  number  of  miles  of  the  railway  in  the  State,  the  number  of  miles 
thereof  in  each  county,  or  city  and  county,  the  total  assessment  of  the  fran- 
chise, roadway,  roadbed,  rails,  and  rolling  stock  for  the  purposes  of  State  taxa- 
tion, and  the  amount  of  the  apportionment  of  such  total  assessment  to  each 
county,  and  city  and  county,  for  county  and  city  and  ^county  taxation.  Be- 
fore the  third  Monday  of  October  of  each  year  the  Clerk  of  the  State  Board 
of  Equalization  must  prepare  and  transmit  to  the  Controller  of  State  dupli- 
cates of  the  "Eecord  of  Assessment  of  Railways,"  and  "Record  of  Appor- 
tionment of  Railway  Assessments,"  each  certified  by  the  Chairman  and  Clerk 
of  the  Board,  and  to  be  known  respectively,  as  "Duplicate  Record  of  As- 
sessment of  Railways"  and  "Duplicate  Record  of  Apportionment  of  Rail- 
way Assessments."  In  the  last-named  duplicate  two  columns  must 
be  added,  in  one  of  which  the  Controller  must  enter  the  State  taxes  due 
the  State  upon  the  whole  assessment  by  each  corporation,  person,  or  associa- 
tion, and  in  the  other  the  county,  or  city  and  county,  taxes  due  upon  the  as- 
sessment apportioned  to  each  county,  or  city  and  county,  by  each  corporation, 
person,  or  association.  The  two  duplicates  constitute  the  warrant  for  the 
Controller  to  collect  the  State  and  county,  and  city  and  county,  taxes  levied 
upon  such  property  assessed  by  the  Board,  and  the  amount  of  the  apportion- 
ment of  the  assessment  to  each  county,  and  city  and  county,  respectively. 

Sec.  3667.  When  the  Board  of  Supervisors  of  each  county,  and  city  and 
county,  to  which  the  State  Board  of  Equalization  has  apportioned  the  assess- 
ment of  railways  shall  have  fixed  the  rate  of  county,  or  city  and  county,  tax- 
ation, the  Clerk  of  the  Board  of  Supervisors  must  forthwith  by  mail,  postage 
paid,  transmit  to  the  Controller  a  statement  of  the  rate  of  taxation  levied  by 
the  Board  of  Supervisors  for  county,  or  city  and  county,  taxation.  If  the 
Clerk  fails  to  transmit  such  statement,  the  Controller  must  obtain  the  infor- 
mation as  to  such  rate  of  taxation  from  other  sources.  On  or  before  the 
fourth  Monday  of  October  the  Controller  must  compute  and  enter  in  separ- 
ate money  columns  in  the  "Duplicate  Record  of  Apportionment  of  Railway 
Assessments"  the  respective  sums,  in  dollars  and  cents,  rejecting  fractions  of 
a  cent,  to  be  paid  by  the  corporation,  person,  or  association  liable  therefor- 


THE  CONSOLIDATION  ACT.  377 

as  the  State  tax  upou  the  total  amount  of  the  assessment,  and  the  county,  or 
city  and  county,  tax  upon  the  apportionment  of  the  assessment  to  each 
county,  and  city  and  county,  of  the  property  assessed  to  such  corporation, 
person,  or  association  named  in  said  duplicate  record. 

Sec.  3668.  Within  ten  days  after  the  fourth  Monday  in  October,  the  Con- 
troller must  publish  a  notice  for  two  weeks  in  one  daily  newspaper  of  gen- 
eral circulation  at  the  State  capital,  and  in  two  daily  newspapers  of  general 
circulation  published  in  the  city  of  San  Francisco,  specifying: — 

1.  That  he  has  received  from  the  State  Board  of  Equalization  the  "Du- 
plicate Record  of  Assessments  of  Railways"  and  the  "Duplicate  Record  of 
Apportionment  of  Railway  Assessments." 

2.  That  the  taxes  are  now  payable  and  will  be  delinquent  on  the  last 
Monday  in  December  next,  at  six  o'clock  p.  m.,  and  that  unless  paid  to  the 
State  Treasurer  at  the  Capitol  prior  thereto,  five  per  cent,  will  be  added  to 
the  amount  thereof.  On  the  last  Monday  of  December  of  each  year,  at  six 
o'clock  p.  M.,  all  of  unpaid  taxes  are  delinquent,  and  thereafter  there  must 
be  collected  by  the  State  Treasurer  or  other  proper  officer  an  addition  of  five 
per  centum,  which  sum  when  collected  must  be  set  aside  by  the  Treasurer  as 
a  fund  with  which  to  pay  the  contingent  expenses  of  actions  against  any  de- 
linquents, the  said  expenses  to  be  audited  by  the  Board  of  Examiners.  When 
any  taxes  are  paid  to  the  State  Treasurer  by  order  of  the  Controller,  upon 
assessments  made  and  apportioned  by  the  State  Board  of  Equalization,  the 
Controller  must  forthwith  notify  the  Auditor  and  Treasurer  respectively  of 
each  county,  and  city  and  county,  that  such  taxes  have  been  paid,  and  of  the 
amount  thereof  to  which  each  county  and  city  and  county  interested  is  enti- 
tled. The  State's  portion  of  the  taxes  must  be  distributed  by  the  Treasurer 
to  each  fund  entitled  thereto,  and  the  portion  belonging  to  the  counties,  and 
cities  and  counties,  must  be  placed  in  a  fund,  to  be  called  "Railway  Tax 
Fund,"  to  the  credit  of  each  county,  and  city  and  county,  entitled  thereto. 
When  any  taxes  are  placed  in  the  "Railway  Tax  Fund"  to  the  credit  of  a 
county,  or  city  and  county,  the  Controller,  at  the  next  settlement  with  the 
Controller  by  the  Treasurer  of  such  county,  or  city  and  county,  must  draw 
and  deliver  to  such  Treasurer,  his  warrant  upon  the  State  Treasurer  for  the 
amount  in  the  fund  to  the  credit  of  such  county,  or  city  and  county. 

Sec.  3669.  Each  corporation,  person,  or  association  assessed  by  the  State 
Board  of  Equalization  must  pay  to  the  State  Treasurer,  upon  the  order  of 
the  Controller,  as  other  moneys  are  required  to  be  paid  into  the  Treasury, 
the  State  and  county,  and  city  and  county,  taxes  each  year  levied  upon  the 
property  so  assessed  to  it  or  him  by  said  Board.  Any  corporation,  person, 
or  association,  dissatisfied  with  the  assessment  made  by  the  Board,  upon  the 
payment  of  the  taxes  due  upou  the  assessment  complained  of,  and  the  five 
per  cent,  added,  if  to  be  added,  on  or  before  the  first  Monday  in  February, 
and  the  filing  of  notice  with  the  Controller  of  an  intention  to  begin  an  action* 
may,  not  later  than  the  first  Monday  of  February,  bring  an  action  against  the 


378  THE  CONSOLIDATION  ACT. 

State  Treasurer  for  the  recovery  of  the  amount  of  taxes  and  percentage  eo  paid 
to  the  Treasurer,  or  any  part  thereof,  and  in  the  complaint  may  allege  any  fact 
tending  to  show  the  illegality  of  the  tax,  or  of  the  assessment  upon  which 
the  taxes  are  levied  in  whole  or  in  part.  A  copy  of  the  complaint  and  of  the 
summons  must  be  served  upon  the  Treasurer  within  ten  days  after  the  com- 
plaint has  been  filed,  and  the  Treasurer  has  thirty  days  within  which  to 
dtmur  or  answer.  At  the  time  the  Treasurer  demurs  or  answers  he  may  de- 
mand that  the  action  be  tried  in  the  Superior  Court  of  the  county  of  Sacra- 
mento. The  Attorney-General  must  defend  the  action.  The  provisions  of 
the  Code  of  Civil  Procedure  relating  to  pleadings,  proofs,  trials,  and  appeals 
are  applicable  to  the  proceedings  herein  provided  for.  If  the  final  judgment 
be  against  the  Treasurer,  upon  presentation  of  a  certified  copy  of  such  judg- 
ment to  the  Controller  he  shall  draw  bis  warrant  upon  the  State  Treasurer, 
who  must  pay  to  the  plaintifif  the  amount  of  the  taxes  so  declared  to  have 
been  illegally  collected,  and  the  cost  of  such  action,  audited  by  the  Board  of 
Examiners,  must  be  i^aid  out  of  any  money  in  the  General  Fund  of  the  Treas- 
ury, which  is  hereby  appropriated;  and  the  Controller  may  demand  and  re- 
ceive from  the  county,  or  city  and  county,  interested  the  proportion  of  such 
costs,  or  may  deduct  such  proportion  from  any  money  then,  or  to  become 
due  to  said  county,  or  city  and  county.  Such  action  must  be  begun  on  or 
before  the  first  Monday  in  February  of  tlie  year  succeeding  the  year  in  which 
the  taxes  were  levied,  and  a  failure  to  begin  such  action  is  'deemed  a  waive 
of  the  rights  of  action. 

Sec.  3G70.  After  the  first  Monday  of  February  of  each  year,  the  Controller 
must  begin  an  action  in  the  proper  court,  in  the  name  of  the  people  of  the 
State  of  Californif),  to  collect  the  delinquent  taxes  upon  the  property  assessed 
by  the  State  Board  of  Equalization;  such  suit  must  be  for  the  taxes  due  the 
State,  and  all  the  counties,  and  cities  and  counties,  upon  property  assessed 
by  the  Board  of  Equalization,  and  appearing  delinquent  upon  the  "Dupli- 
cate Kecord  of  Apportionment  of  Railway  Assessments."  The  demands  for 
State  and  county,  and  city  and  county,  taxes  may  be  united  in  one  action. 
In  such  action  a  complaint  in  the  following  form  is  suflSicieut: — 

(Title  of  Court.) 

The  People  of  the  State  of  California 

vs. 

(Naming  the  defendant.) 

Plaintiff  avers  that  on  the day  of ,  in  the  year  (naming  the  year), 

the  State  Board  of  Equalization  assessed  the  franchise,  roadway,  roadbed, 
rails,  and  rolling  stock  of  the  defendant  at  the  sum  of  (naming  it)  dollars. 
That  the  Board  apportioned  the  said  assessment  as  follows:  To  the  county 
of  (naming  it)  the  sum  of  (naming  it)  dollars  (and  so  on,  naming  each 
county ) . 

That  the  defendant  is  indebted  to  plaintiff  for  State  and  county  taxes  for 
the  year  eighteen ,  in  the  following  siims:     For  State  taxes,  in  the  sum 


THE  CONSOLIDATION  ACT.  379 

of  (naming  it)  dollars;  for  county  tnxes  of  the  county  of  (namius  it),  in  the 
sum  of  (naming  it)  dollars,  etc.,  with  five  per  cent  added  for  uon-puyment 
of  taxes.  Plaintiff  demands  paya:ent  for  said  several  sums,  and  prays  that 
an  attachment  may  issue  in  form  as  prescribed  in  section  five  hundred  and 
forty  of  the  Code  of  Civil  Procedure. 

(Signed  by  the  Controller  or  his  attorney.) 

On  the  filing  of  such  complaint,  the  Clerk  mu^t  issue  the  writ  of  attach- 
ment prayed  for,  and  such  proceedings  shall  be  had  as  under  writs  of  attach- 
ments issued  in  civil  actions;  no  bond  nor  affidavit  previous  to  the  issuing  of 
the  attachment  is  required.  If  in  such  action  the  plaintiff  recover  judgment, 
there  shall  be  included  in  the  judgment  as  counsel  fees,  and  in  case  of  judg- 
ment of  taxes  after  suit  brought  but  before  judgment  the  defendant  must 
pay  as  counsel  fees  such  sum  as  the  Court  may  determine  to  be  reasonable 
and  just.  Payment  of  the  taxes  or  the  amount  of  the  judgment  iu  the  case 
must  be  made  to  the  State  Treasurer.  In  such  actions  the  Duplicate  llecord 
of  Assessments  of  Eailwajsaud  the  Duplicate  Kecord  of  Apportionment  of 
Railway  Assessments,  or  a  copy  of  them,  certified  by  the  Controller,  showing 
unpaid  taxes  agaiust  any  corporation,  person,  or  association  for  property  as- 
sessed by  the  State  Board  of  Equalization,  is  prima  fade  evidence  of  the  as- 
sessment, the  property  assessed,  the  delinquencj',  the  amount  of  the  taxes  due 
and  unpaid  to  the  State  and  counties,  or  cities  and  counties  therein  named, 
and  that  the  corporation,  person,  or  associution  is  indebted  to  the  people 
of  the  State  of  California  in  the  amount  of  taxes,  State  and  county,  and  city 
and  county,  therein  appearing  unpaid,  and  that  all  the  forms  of  law  iu  rela- 
tion to  the  assessment  and  levy  of  such  taxes  have  been  complied  with. 

Sec.  3671.  The  assessment  made  by  the  County  Assessor,  and  that  of 
the  State  Board  of  Eciualization,  as  apportioned  by  the  Boards  of  Supervisors 
to  each  city,  town,  township,  school,  road,  or  other  district  in  their  lespect- 
ive  counties,  or  cities  and  countie-^,  shall  be  the  only  basis  of  taxation  for 
the  county,  or  any  subdivision  thereof,  except  in  incorporated  cities  and 
towns,  and  may  also  be  taken  as  such  basis  in  incorporated  cities  and  towns 
when  the  proper  authorities  may  so  elect.  All  taxes  upon  towushiiss,  road, 
school,  or  other  local  districts  shall  be  collected  in  the  same  manner  as  county 
taxes. 


CHAPTER   IV. 

EQUALIZATION  OF  TAXES. 

ARTICLE  I. 

COUNTY  BOARDS  OF  EQUALIZATION. 

Sec.  3672.     The  Board  of  Supervisors  of  each  county  must  meet  on  the 
first  Monday  of  July  iu  each  year,  to  examine  the  assessment  book  and  equal- 


380  THE  CONSOLIDATION  ACT. 

ize  the  assessment  of  property  in  the  county.  It  must  continue  in  session 
for  that  purpose  from  time  to  time  until  the  business  of  equalization  is  dis- 
posed of,  but  not  later  than  the  fourth  Monday  in  July. 

Sec.  3673.  The  Board  has  power,  after  giving  notice  in  such  manner  as 
it  may,  by  rule,  prescribe,  to  increase  or  lower  the  entire  assessment  roll,  or 
any  assessment  contained  therein,  so  as  to  equalize  the  assessment  of  the 
property  contained  in  said  roll,  and  make  the  assessment  conform  to  the 
true  value  of  such  property  in  money. 

Sec.  3674.  No  reduction  must  be  made  in  the  valuation  of  property,  un- 
less the  party  affected  thereby,  or  his  agent,  makes  and  files  with  the  Board 
a  written  application  therefor,  verified  by  his  oath,  showing  the  facts  upon 
which  it  Is  claimed  such  reduction  should  be  made. 

Sec.  3075.  Before  the  Board  grants  the  application,  or  makes  any  re- 
duction applied  for,  it  must  first  examine,  on  oath,  the  person  or  the  agent 
making  the  application,  touching  the  value  of  the  property  of  such  person. 
No  reduction  must  be  made  unless  such  person  or  the  agent  making  the  ap- 
plication attends  and  answers  all  questions  pertinent  to  the  inquiry. 

Sec.  3676.  Upon  the  hearing  of  the  application  the  Board  may  subpoena 
such  witnesses,  hear  and  take  such  evidence  in  relation  to  the  subject  pend- 
ing, as  in  its  discretion  it  may  deem  proper. 

Sec.  3677.  During  the  session  of  the  Board  the  Assessor  and  deputy 
whose  testimony  is  needed  must  be  present,  and  may  make  any  statement, 
or  introduce  and  examine  witnesses  on  questions  before  the  Board. 

Sec.  3678.  To  assist  the  Assessor  in  the  performance  of  his  duties,  the 
Recorder  must  annually  transmit  to  the  Assessor,  on  or  before  the  first  Mon- 
day in  April,  a  complete  abstract  of  all  mortgages,  deeds  of  trust,  contracts, 
and  other  obligations  by  which  any  debt  is  secured,  remaining  unsatisfied 
on  the  records  of  his  office,  not  barred  by  the  statute  of  limitation,  at  twelve 
o'clock  meridian,  on  the  first  Monday  in  March  of  said  year.  Such  abstract 
shall  be  written  under  appropriate  headings,  to  embrace  all  information  re- 
quisite for  the  Assessor,  in  a  book  or  books  to  be  furnished  by  the  Board  of 
Supervisors  upon  the  requisition  of  the  Assessor.  Should  any  such  list  be 
found  to  contain  any  instrument  relating  to  lands  situated  in  more  than  one 
county,  it  shall  the  duty  of  the  Assessor  to  transmit  to  the  State  Board  of 
Equalization  all  information  relating  thereto;  and  it  shall  be  the  duty  of  the 
said  Board  to  attach  an  apportionment  of  valuation  of  such  instrument  to 
be  assessed  in  each  county,  and  the  Board  shall  transmit  to  the  Assessor  of 
each  county  mentioned  as  afi"ect"d  in  said  instrument  a  statement  of  valua- 
tion of  assessment  to  be  levied  against  said  instrument  in  each  county.  The 
valuation  so  set  by  said  Board  shall  be  final,  and  the  Assessor  shall  accept 
said  valuation  and  charge  said  assessment  upon  said  instrument  accordingly. 
Should  the  said  list  contain  any  instrument  mortgaging  or  pledging  two  or 


THE  CONSOLIDATION  ACT.  381 

more  subdivisions  of  land,  or  laud  assessed  in  two  or  more  subdivisions,  in 
the  same  county,  township,  district,  or  city,  the  Assessor  shall  apportion  the 
amount  of  assessment  to  be  deducted  from  each  subdivision  on  account  of 
assessment  against  said  instrument.  Any  assessment  on  a  mortgage  or  deed 
of  trust,  which  has  been  erroneously  taxed  to  the  mortgagee  or  party  loaning 
the  money,  when  the  same  has  been  paid  or  satisfied  prior  to  the  first  Mon- 
day in  March,  shall  be  valid  only  as  against  the  real  estate  from  the  assess- 
ment on  which  a  deduction  had  been  previously  made.  Wheii  partial  pay- 
ments have  been  made  on  a  debt,  secured  by  mortgage  or  deed  of  trust,  the 
owner  is  authorized  to  make  the  proper  deduction,  listing  only  the  balance 
due  on  the  first  Monday  in  March.  When  necessary,  the  Board  of  Super- 
visors of  each  county  must  provide  for  the  payment  of  such  additional  clerical 
force  as  may  be  required  to  enable  the  County  Kecorder  to  comply  with  this 
section. 

Skc.  3G7'J.  The  Board  must  use  the  abstract  and  all  other  information  it 
may  gain  from  the  records  of  the  County  Kecorder  or  elsewhere,  in  equal- 
izing the  assessment  of  the  property  of  the  county,  and  may  require  the 
Assessor  to  enter  upon  the  assessment  book  any  property  which  has  not 
been  assessed;  and  any  assessment  made  as  prescribed  in  this  section  has 
the  same  force  and  effect  as  if  made  by  the  Assessor  before  the  delivery  of 
the  assessment  book  to  the  Clerk  of  the  Board. 

Sec.  3681.  During  the  sessions  of  the  Board,  it  may  direct  the  Assessor 
to  assess  any  taxable  property  that  has  escaped  assessment,  or  to  add  to  the 
amount,  number,  or  quantity  of  property  when  a  false  or  incomplete  list  has 
been  rendered,  and  to  make  and  enter  new  assessments  (at  the  same  time 
canceling  previous  entries)  when  any  assessment  made  by  him  is  deemed  by 
the  Board  so  incomplete  as  to  render  doubtful  the  collection  of  the  tax;  but 
the  Clerk  must  notify  all  persons  interested,  by  letter  deposited  in  the  Post 
Office,  or  Express,  post-paid,  and  addressed  to  the  person  interested,  at  least 
ten  days  before  action  taken,  of  the  day  fixed  when  the  matter  will  be  in- 
vestigated. 

Sec.  3682.  The  Clerk  of  the  Board  must  record,  in  a  book  to  be  kept  for 
that  purpose,  all  changes,  corrections,  and  orders  made  by  the  Board,  and 
during  its  session,  or  as  soon  as  possible  after  its  adjournment,  must  enter 
upon  the  assessment  book  all  changes  and  corrections  made  by  the  Board, 
and  on  or  before  the  first  Monday  of  August  must  deliver  the  assessment  so 
corrected  to  the  County  Auditor,  and  accompany  the  same  with  an  affidavit 
thereto  affixed,  subscribed  by  him,  as  follows: 

"I, ,  do  solemnly  swear  that,  as  Clerk  of  the  Board  of  Super- 
visors of county,  I  have  kept  correct  minutes  of  all  the  acts  of  the 

Board  touching  alterations  in  the  assessment  book;  that  all  alterations  agreed 
to  or  directed  to  be  made  have  been  made  and  entered  in  the  book,  and  that 
no  changes  or  alterations  have  been  made  therein  except  those  authorized. " 


382  THE  CONSOLIDATION  ACT. 


ARTICLE    II. 


STATE    B04KD    OF    EQUALIZATION. 

Sec.  3692.  The  powers  and  duties  of  the  State  Board  of  Equalization  are 
as  follows : 

5.  To  annuallj  assess  the  franchise,  roadway,  roadbed,  rails,  and  rolling 
stock  of  all  railroads  operated  in  more  than  one  county  in  this  State,  at  their 
actual  value,  on  the  first  Monday  in  March,  at  twelve  o'clock  m.,  and  to  ap- 
portion such  assessment  to  the  counties,  and  cities  and  counties,  in  which 
such  railroads  are  located,  in  proportion  to  the  number  of  miles  of  railway 
laid  in  such  counties,  and  cities  and  counties,  in  the  manner  provided  for  in 
section  three  thousand  six  hundred  and  sixty-four  of  said  Code. 

G.  To  equalize  the  assessment  of  each  mortgage,  deed  of  trust,  contract, 
or  other  obligation  by  which  a  debt  is  secured,  and  which  affects  property 
situate  in  two  or  more  counties,  and  to  apportion  the  assessment  thereof  to 
each  of  said  counties. 

7.  To  transmit  to  the  Assessor  of  each  county,  or  city  and  county,  its 
apportionment  ot  the  assessments  made  by  said  Board  upon  the  franchises, 
roadways,  roadbeds,  rails,  and  rolling  stock  of  railroads;  and  also  its  appor- 
tionment of  the  assessments  made  by  such  Board  upon  mortgages,  deeds  of 
trust,  contracts,  and  other  obligations  by  which  debts  are  secured,  in  the 
manner  provided  for  in  section  three  thousand  six  hundred  and  sixty-four  of 
said  Code. 

8.  To  meet  at  the  State  Capitol  on  the  third  Monday  in  August,  and 
remain  in  session  from  day  to  day  (Sundays  excepted),  until  the  third 
Monday  in  September. 

9.  At  such  meeting  to  equalize  the  valuation  of  the  taxable  property  of 
the  several  counties  in  this  State  for  the  purpose  of  taxation;  and  to  that 
end,  under  such  rules  of  notice  to  the  Clerk  of  the  Board  of  Supervisors  of 
the  county  affected  thereby  as  it  may  prescribe,  to  increase  or  lower  the  en- 
tire assessment  roll,  or  any  assessment  contained  therein,  so  as  to  equalize 
the  assessment  of  the  property  contained  in  said  roll,  and  make  the  assess- 
ment conform  to  the  true  value  in  money  of  the  property  assessed,  and  to 
fix  the  rate  of  State  taxation,  and  to  do  the  things  provided  in  section  three 
thousand  six  hundred  and  ninety  three  of  said  Code. 

Sec.  3693.  "When,  after  a  general  investigation  by  the  Board,  the  prop- 
erty is  found  to  be  assessed  above  or  below  its  full  cash  value,  the  Board 


THE  CONSOLIDATION  ACT.  383 

may,  without  notice,  so  determine,  and  must  add  to  or  deduct  from  the  val- 
uation : 

1.  The  real  estate  ; 

2.  Improvements  upon  such  real  estate  ; 

3.  The  personal  property,  except  money,  such  per  centum  respectively  as 
is  sufficient  to  raise  or  reduce  it  to  its  full  cash  value. 

Sec.  3698.  Whenever  the  State  Board  of  Equalization  is  satisfied  that  the 
Assessor  or  a  Deputy  Assessor  of  any  county  has  knowingly,  fraudulently, 
or  corruptly  assessed  any  property  below  its  actual  cash  value,  it  must  im- 
mediately inform  the  District  Attorney  of  such  county  in  writing  of  the  facts 
that  may  have  come  to  its  knowledge,  with  a  request  that  such  Assessor  or 
Deputy  Assessor  be  prosecuted,  and  the  District  Attorney  must  at  once  com- 
ply with  such  request. 

Sec.  3704.  If  the  Board  of  Supervisors  of  any  county  fails  or  refuses  either 
— 1.  To  allow  the  Assessor  to  appoint  a  sufficient  number  of  deputies  to 
make  the  assessment;  or,  2.  To  furnish  the  proper  books  or  blanks  for  his 
use;  or,  3.  To  furnish  the  Assessor  necessary  office  room; — 

Then  the  State  Board  of  Equalization  may,  upon  the  application  of  the 
Assessor,  make  the  allowance,  or  furnish  the  proper  books,  blanks  or  office 
room  ;  and  all  the  expense  incurred  in  carrying  into  effect  the  provisions  of 
this  section  must,  by  the  Secretary  of  the  Board,  be  certified  to  the  Controller, 
who  must,  in  his  next  settlement  with  the  County  Treasurer  of  any  such 
county,  require  such  Treasurer  t3  pay  the  amount  out  of  any  funds  belong- 
ing to  such  county. 

Sec.  3705.  The  State  Board  of  Equalization  may,  by  an  order  entered 
upon  its  minutes,  and  certified  to  the  County  Auditor  of  any  county,  ex- 
tend, for  not  exceeding  thirty  days,  the  time  fixed  in  this  Title  for  the  per- 
formance of  any  act. 


CHAPTER  V. 


LEVY    OF    TAXES. 


Sec.  3714.  The  Board  of  Supervisors  of  each  county  must,  on  the  first  Mon- 
day of  October*',  fix  the  rate  of  county  taxes,  designating  the  number  of  cents 
on  each  hundred  dollars  of  property  levied,  for  each  fund,  and  must  levy  the 
State  and  county  taxes  upon  the  taxable  property  of  the  county  ;  provided, 
that  it  shall  not  be  lawful  for  any   Board  of  Supervisors  of  any  county  in 


*  In  San  Francisco  the  fourth  Monday  in  June.    See  local  Statute,  post. 


384  THE  CONSOLIDATION  ACT. 

the  State  to  levy,  nor  shall  any  tax  greater  than  fifty  cents  on  each  one  hun- 
dred dollars  of  property  be  levied  and  collected  in  any  one  year,  to  pay  the 
bonded  indebtedness,  or  judgment  arising  therefrom,  of  this  State,  or  of  any 
county  or  municipality  in  this  State. 

Sec.  3715.  The  action  of  the  State  Board  of  Equalization,  in  fixing  the 
rate  of  taxation  for  State  purposes,  is,  in  the  absence  of  action  by  the  Board 
of  Supervisors,  a  valid  levy  of  the  rate  so  fixed,  and  imposes  upon  the  Audi- 
tor, Tax  Collector,  and  all  other  ofiicers  charged  with  the  performance  of  any 
duties  under  the  Kevenue  Law,  the  same  obligations  as  if  the  Board  of  Sup- 
ervisors had  made  the  levy  at  the  proper  time. 

Sec.  371G.  Every  tax  has  the  effect  of  a  judgment  against  the  person,  and 
every  lien  created  by  this  Title  has  the  force  and  effect  of  an  execution  duly 
levied  against  all  property  of  the  delinquent ;  the  judgment  is  not  satisfied 
nor  the  lien  removed  until  the  taxes  are  paid  or  the  property  sold  for  the  pay- 
ment thereof. 

Sec.  3717.  Every  tax  due  upon  personal  property  is  a  lien  upon  the  real 
property  of  the  owner  thereof,  from  and  after  twelve  o'clock  m.  of  the  first 
Monday  in  March  in  each  year.     [In  effect  March  22,  1880.] 

Sec.  3718.  Every  tax  due  upon  real  property  is  a  lien  against  the  prop- 
erty assessed  ;  and  every  tax  due  upon  improvements  upon  real  estate  as- 
sessed to  others  than  the  owner  of  the  real  estate,  is  a  lien  upon  the  land 
and  improvements  ;  which  several  liens  attach  as  of  the  first  Monday  of  March 
in  each  year. 

Sec.  3719.  The  State  Board  of  Equalization  must  levy,  annually,  at  the 
time  other  State  taxes  are  levied,  a  tax  of  such  number  of  cents  on  each  one 
hundred  dollars  value  of  taxable  property  in  the  State,  as  will  produce  a  net 
sum  equal  to  the  amount  reported  to  them  by  the  Controller  as  being  neces- 
sary to  be  raised  by  an  ad  valorem  tax  for  school  purposes  ;  and  the  assess- 
ment and  collection  of  said  tax  shall  be  performed  in  the  same  manner,  and 
at  the  same  time,  as  other  State  taxes  are  assessed  and  collected. 


CHAPTEK  VI. 


duties  of  the  auditoe  in  relation  to  bevenue. 

Sec.  3727.  The  County  Auditor,  as  soon  as  the  assessment  book  is  de- 
livered to  him  by  the  Clerk  of  the  Board  of  Supervisors,  must  proceed  to 
add  up  the  valuations,  and  enter  the  total  valuation  of  each  kind  of  property, 
and  the  total  valuation  of  all  property,  on  the  assessment  book.  The  column 
of  acres  must  show  the  total  acreage  of  the  county. 


THE  CONSOLIDATION  ACT.  385 

Sec.  3728.  The  Auditor  must,  on  or  before  the  third  Monday  in  August 
of  each  year,  prepare  for  the  "  assessment  book  "  of  such  year,  as  coirected 
by  the  Board  of  Supervisors,  duplicate  statements,  showing  in  separate  col- 
umns: 

1.  The  total  value  of  all  property. 

2.  The  value  of  real  estate. 

3.  The  value  of  the  impro^vements  thereon. 

4.  The  value  of  personal  property,  exclusive  of  money. 

5.  The  amount  of  money. 

6.  The  number  of  acres  of  land. 

Sec.  3729.  The  Auditor  must,  as  soon  as  such  statements  are  prepared, 
transmit,  by  mail  or  express,  one  to  the  Controller  of  State  and  one  to  the 
State  Board  of  Equalization. 

Sec.  3730.  As  soon  as  the  Auditor  receives  from  the  State  Board  of 
Equalization  a  statement  of  the  changes  made  by  the  Board  in  the  assess- 
ment roll  of  the  county,  or  in  any  assessment  contained  therein,  he  must 
make  the  corresponding  changes  in  the  assessment  roll,  by  entering  the  same 
in  a  column  provided  with  a  proper  heading  in  the  assessment  book,  counting 
any  fractional  sum,  when  more  than  fifty  cents,  as  one  dollar,  and  omitting 
it  when  less  than  fifty  cents,  so  that  the  value  of  any  separate  assessment 
shall  contain  no  fraction  of  a  dollar;  but  he  shall,  in  all  cases,  disregard  any 
action  of  the  Board  of  Supervisors  which  is  prohibited  by  section  three  thou- 
sand six  hundred  and  thirty-three  of  this  Code. 

Sec.  3731.  The  Auditor  must  then  compute  and  enter  in  a  sejiarate 
money  column  in  the  assessment  book,  the  respective  sums  in  dollars  and 
cents,  rejecting  the  fractions  of  a  cent,  to  be  paid  as  a  tax  on  the  jiroperty 
therein  enumerated,  and  foot  up  the  column  showing  the  total  amount  of 
such  taxes,  and  the  columns  of  total  value  of  property  in  the  county,  as  cor- 
rected under  the  direction  of  the  State  Board  of  Equalization. 

Sec.  3732.  On  or  before  the  fourth  Monday  of  October,  he  must  deliver 
a  copy  of  the  corrected  assessment  book,  to  be  styled  "duplicate  assessment 
book,"  to  the  Tax  Collector,  with  an  affidavit  attached  thereto,  and  by  him 

subscribed,  as  follows:  "I, ,  Auditor  of  the  County  of  ,  do 

swear  that  I  received  the  assessment  book  of  the  taxable  property  of  the 
county  from  the  Clerk  of  the  Board  of  Supervisors,  with  his  affidavit  thereto 
affixed,  and  that  I  have  corrected  it  and  made  it  conform  to  the  requirements 
of  the  State  Board  of  Equalization;  that  I  have  reckoned  the  respective  sums 
due  as  taxes,  and  have  added  up  the  columns  of  valuations,  taxes,  and  acre- 
age, as  required  by  law,  and  that  the  copy  to  which  this  affidavit  is  affixed  is 
a  full,  true,  and  correct  copy  thereof,  made  in  the  manner  prescribed  by 
law." 

Sec.  3733.     The  original  assessment  book  must  remain  in  the  office  of  the 
Auditor. 
25 


386  THE  CONSOLIDATION  ACT. 

Sec.  3734.  On  delivering  the  "  Duplicate  Assessment  Book  "  to  the  Tai 
Collector,  the  Auditor  must  charge  the  Tax  Collector  with  the  full  amount 
of  the  taxes  levied,  except  the  taxes  due  upon  railway  assessments  made 
by  the  State  Board  of  Equalization,  and  forthwith  transmit  by  mail  to  the 
Controller  of  State  a  statement  of  the  amount  so  charged. 

Sec.  3735.  The  Auditor  must  verify,  by  his  affidavit  attached  thereto,  all 
statements  made  by  him  under  the  provisions  of  this  Title. 

Sec.  3736.  The  Auditor,  if  the  "  duplicate  assessment  book  "  or  the  de- 
linquent tax  list  is  transferred  from  one  Collector  to  another,  must  credit  the 
one  and  charge  the  other  with  the  amount  then  outstanding  on  the  tax  list. 

Sec.  3737.  If  the  County  Auditor  fails  or  neglects  to  perform  the  duties 
prescribed  by  section  three  thousand  seven  hundred  and  twentj'-eight  and 
three  thousand  seven  hundred  and  twenty-nine  of  the  Political  Code,  he 
shall  forfeit  to  the  State  five  hundred  dollars,  to  be  recovered  by  action  in 
the  name  of  the  State  Board  of  Equalization. 

Sec.  3738.  The  Board  of  Supervisors  cf  any  county  may,  in  their  dis- 
cretion, dispense  with  the  making  or  use  of  any  duplicate''assessment  book 
mentioned  in  any  part  of  this  Code;  and  in  all  cases  where  said  duplicate 
assessment  book  is  referred  to,  it  shall  be  lawful  to  use  and  consider  the 
original  assessment  book  in  all  the  requirements  of  every  part  of  this  Code 
referring  to  the  same,  and  all  affidavits,  or  other  statements  in  reference  to 
said  duplicate  assessment  book,  shall  be  substantially  wcrded  to  conform  to 
the  use  of  the  original  assessment  book. 


CHAPTER  VII. 


collection  of  peopeety  taxes. 

Sec.  3746.  Within  ten  days  after  the  receipt  of  the  "duplicate  assessment 
book,"  the  Tax  Collector  must  publish  a  notice,  specifying  : 

1.  That  taxes  will  be  delinquent  on  the  last  Monday  in  December  next 
thereafter,  at  six  o'clock  p.  m.,  and  that  unless  paid  prior  thereto  five  per 
cent  will  be  added  to  the  amount  thereof. 

2.  The  time  and  place  at  which  payment  of  taxes  may  be  made. 

Sec.  3747.  In  the  City  and  County  of  San  Francisco,  and  in  the  County 
of  Los  Angeles,  the  notice  must  specify  the  office  of  the  Collector  as  the 
jjlace  where  taxes  may  be  paid. 

Sec.  3748.  In  other  counties  the  notice  must  specify  a  time  and  place 
within  each  township  in  the  county  when  and  where  the  Collector  will  at- 
tend to  receive  payment  of  taxes. 


THE  CONSOLIDATION  ACT.  387 

Sec.  3749.  The  notice  iu  every  case  must  be  published  for  two  weeks  in 
some  weekly  or  daily  newspaper  publislied  in  the  county,  if  there  is  one  ; 
or  if  there  is  not,  then  by  posting  it  in  three  public  places  in  each  township. 

Sec.  3750.  The  Tax  Collector  must  mark  the  date  of  the  payment  of  any 
tax  in  the  assessment  book,  opposite  the  name  of  the  person  paying. 

Seo.  3751.  He  must  give  a  receipt  to  the  person  paying  any  tax,  specify- 
ing the  amount  of  the  assessment  and  the  tax  paid,  with  a  descriptiou  of  the 
property  assessed. 

Sec.  3752.  The  Superior  Court  must  require  every  administrator  or  ex- 
ecutor to  pay  out  of  the  funds  of  the  e.state  all  taxes  due  from  such  estate  ; 
and  no  order  or  decree  for  the  distribution  of  auy  property  of  any  decedent 
among  the  heirs  or  devisees  must  be  made  until  all  taxes  against  the  estate 
are  paid. 

Sec.  3753.  On  the  first  Monday  in  each  month  the  Tax  Collect  -r  must 
settle  with  the  Auditor  for  all  moneys  collected  for  the  State  or  county,  and 
pay  the  same  to  the  County  Treasurer,  and  on  the  same  day  must  deliver  to 
and  file  in  the  office  of  the  Auditor  a  statement,  under  oath,  showing  : 

1.  .An  account  of  all  his  transactions  and  receipts  since  his  last  settle- 
ment ; 

2,  That  all  money  collected  by  him  as  Tax  Collector  has  been  paid. 

Sec.  3754.  A  Tax  Collector  refusing  or  neglecting  for  a  period  of  five  days 
to  make  the  payments  and  settlemeuts  required  in  this  Title,  is  liable  for  the 
full  amount  of  taxes  charged  upon  the  assessment  roll. 

Sec.  3755.  The  District  Attorney  must  bring  suit  against  the  Tax  Collec- 
tor and  his  sureties  for  such  amount,  and  in  case  of  neglect,  the  Controller 
of  State  or  the  Board  of  Supervisors  may  require  him  to  do  so  ;  and  when 
the  suit  is  commenced,  no  credit  or  allowance  must  be  made  to  the  Collector 
for  the  taxf^s  outstanding. 

Sec.  3756.  On  the  last  Monday  in  December  of  each  year,  at  six  o'clock 
F.  M.,  all  unpaid  taxes  are  delinquent,  and  thereafter  the  Tax  Collector  must 
collect  for  the  use  of  the  county  an  addition  of  five  per  cent. 

Sec.  375S.  On  the  third  Monday  in  January  of  each  year,  in  each  of  the 
counties  other  than  San  Francisco,  and  on  the  first  Monday  in  February  of 
each  year,  in  the  City  and  County  of  San  Francisco,  the  Tax  Collector  must 
attend  at  the  office  of  the  Auditor  with  the  duplicate  assessment  book,  and 
carefully  compare  the  duplicate  with  the  original  assessment  book,  and  every 
item  marked  "paid"  in  the  former  must  be  marked  "paid"  in  the  latter. 

Sec.  3759.  The  Tax  Collector  must,  at  the  time  specified  in  the  preceding 
section,  deliver  to  the  Auditor  a  complete  "delinquent  list"  of  all  persons 
and  property  then  owing  taxes. 

Sec.  3760.     In  the  list  so  delivered  miist  be  set  down  in  numerical  or  al- 


388  THE  CONSOLIDATION  ACT. 

phabetical  order,  all  matters  and  things  contained  in  the  assessment  book, 
and  relating  to  delinquent  persons  or  property. 

Sec.  3761.  The  Auditor  must  carefully  compare  the  list  with  the  assess- 
ment book,  and  if  satisfied  that  it  contains  a  full  and  true  statement  of  al' 
taxes  due  and  unpaid,  he  must  foot  up  the  total  amount  of  taxes  so  remain- 
ing unpaid,  credit  the  Tax  Collector  who  acted  under  it  therewith,  and  make 
a  final  settlement  with  him  of  all  taxes  charged  against  him  on  the  assess- 
ment book,  and  must  require  from  him  the  Treasurer's  receipt,  or  if  the 
Treasurer  is  the  Collector,  require  from  him  an  immediate  account  for  any 
existing  deficiency. 

Sec.  37G2.  After  settlement  with  the  Tax  Collector,  as  prescribed  in  the 
preceding  section,  the  Auditor  must  charge  the  Tax  Collector  then  acting 
with  the  amount  of  taxes  due  on  the  delinquent  tax  list,  with  the  five  per 
cent,  added  thereto,  and  within  three  days  thereafter  deliver  the  list,  duly 
certified,  to  such  Tax  Collector. 

Sec.  3763.  Within  ten  days  after  the  final  settlement,  the  Auditor  must 
transmit,  by  mail  or  express,  a  statement  to  the  Controller  of  State,  in  such 
form  as  he  requires,  of  each  kind  of  property  assessed  and  delinquent,  aiad 
the  total  amount  of  delinquent  taxes. 

Sec.  3764.  On  or  before  the  first  Monday  in  February  of  each  year,  the 
Tax  Collector  in  each  of  the  counties  other  than  San  Francisco,  and  on  or 
before  the  first  Monday  in  March  of  each  year  in  the  City  and  County  of  San 
Francisco  the  Tax  Collector  of  said  city  and  county  must  publish  the  delin- 
quent list,  which  must  contain  the  names  of  the  persons  and  a  descrip- 
tion of  the  property  delinquent,  and  the  amount  of  taxes  and  costs  due,  op- 
posite each  name  and  description,  with  the  taxes  due  on  personal  property 
added  to  taxes  on  real  estate,  where  the  real  estate  is  liable  therefor,  or  the 
several  taxes  are  due  from  the  same  person.  The  expense  of  the  publication 
to  be  a  charge  against  the  county. 

Sec.  3765.  The  Tax  Collector  must  append  and  publish  with  the  delin- 
quent list  a  notice  that  unless  the  taxes  delinquent,  together  with  the  costs 
and  percentage,  are  paid,  the  real  property  upon  which  such  taxes  are  a  lien 
will  be  sold  at  public  auction. 

Sec.  3766.  The  publication  must  be  made  once  a  week  for  three  succes- 
sive weeks  in  some  newspaper,  or  supplement  thereto,  published  in  the 
county,  and  the  publication  must  be  contracted  for  with  the  lowest  bidder, 
and  after  ten  days'  public  notice  that  such  will  be  let.  The  bidding  must  be 
by  sealed  proposals.  If  there  is  no  newspaper  published  in  the  county,  then 
by  posting  a  copy  of  the  list  in  three  public  places  in  each  township. 

Seo.  3767.     The  publication  must  designate  the  time  and  place  of  sale. 

Sec.  3768.  The  time  of  sale  must  not  be  less  than  twenty-one  nor  more 
than  twenty-eight  days  from  the  first  publication,  and  the  place  must  be  in 


THE  CONSOLIDATION  ACT.  389 

front  of  the  Conuty  .Conrt-house,  or,  if  in  the  City  and  County  of  San  Fran- 
cisco, in  or  in  front  of  the  Tax  Collector's  office,  for  all  State  and  county 
taxes  ;  and  for  nil  other  taxes,  in  front  of  the  Tax  Collector's  office  in  their 
respective  towns,  cities  and  local  districts. 

Sec.  37G9.  The  Collector,  as  soon  as  he  has  made  the  publication  re- 
quired by  Sections  376-1,  37G5,  37GG,  and  3767,  must  file  with  the  County 
llecorder  and  County  Clerk  respectively,  a  copy  of  the  publication,  with  an 
affidavit  attached  thereto  that  it  is  a  true  copy  of  the  same;  that  the  publica- 
tion was  made  in  a  newspaper  or  supplement  thereto,  stating  its  name  and 
place  of  publication,  and  the  date  of  each  appearance;  and  in  case  there  was  no 
newspaper  published  in  hia  county,  that  notices  were  put  up  in  three  public 
places  in  each  of  the  townships,  designating  the  township  and  places  therein, 
which  affidavit  is  primary  evidence  of  all  facts  stated  therein. 

Sec.  3770.  The  Collector  must  collect,  in  addition  to  the  taxes  due  on 
the  delinquent  list  and  five  per  centum  added  thereto,  fifty  cents  on  each 
lot,  piece,  or  tract  of  land  separately  assessed,  and  on  each  asteessment  of  per- 
sonal property,  one- half  of  which  must  go  to  the  county  and  the  other  to  the 
Collector  in  full  for  preparing  the  list. 

Sec.  3771.  On  the  day  fixed  for  the  sale,  or  on  some  subsequent  day  to 
which  he  may  have  postponed  it,  of  which  he  must  give  notice,  the  Collector, 
between  the  hours  of  ten  o'clock  a.  m.  and  three  p.  m.,  must  commence  the 
sale  of  the  property  advertised,  commencing  at  the  head  of  the  list,  and  con- 
tinuing alphabetically  or  in  the  numerical  order  of  lots  and  blocks  until 
completed. 

Sec.  3772.  He  may  postpone  the  day  of  commencing  the  sale,  or  the  sale 
from  day  to  day;  but  the  sale  must  be  completed  within  three  weeks  from 
the  day  first  fixed. 

Sec.  3773.  The  owner  or  person  in  possession  of  any  real  estate  offered 
for  sale  for  taxes  due  thereon,  may  designate,  in  writing,  to  the  Tax  Col- 
lector, prior  to  the  sale,  what  portion  of  the  property  he  wishes  sold,  if  less 
than  the  whole;  but  if  the  owner  or  the  possessor  does  not,  then  the  Col- 
lector may  designate  it,  and  the  person  who  will  take  the  lea^t  quantity  of 
the  laud,  or  in  case  an  undivided  interest  is  assessed,  then  the  smallest  por- 
tion of  the  interest,  and  pay  the  taxes  and  costs  due,  including  fifty  cents  to 
the  Collector  for  the  duplicate  certificate  of  sale,  is  the  purchaser.  But  m 
case  there  is  no  purchaser  in  good  faith  for  the  same,  as  i^rovided  in  this 
chapter,  on  the  first  day  that  the  property  is  offered  for  sale,  then  when 
the  property  is  offered  thereafttr  for  sale,  and  there  is  no  purchaser  in  good 
faith  of  the  same,  the  whole  amount  of  the  property  assessed  shall  be  struck 
off"  to  the  people  of  the  State  as  the  purchaser,  and  the  duplicate  certificate 
delivered  to  the  County  Treasurer,  and  filed  by  him  in  his  office.  No  charge 
shall  be  made  for  the  duplicate  certificate  when  the  State  is  a  purchaser;  and 
in  such  case  the  Tax  Callector  shall  make  an  entry,  "  Sold  to  the  State,"  on 


390  THE  CONSOLIDATION  ACT. 

the  Duplicate  Assessmeut  Book  opposite  the  tax,  and  he  shall  be  credited 
with  the  amount  thereof  in  his  settlement,  made  pursuant  to  sections  three 
thousand  seven  hundred  and  ninety-seven,  three  thousand  seven  hundred 
and  ninety-eight,  and  three  thousand  seven  hundred  and  ninety-nine  ot  this 
Code. 

Skc.  3774.     If  the  purchaser  does  not  pay  the  taxes  and  costs  before  ten 
o'clock  A.  M.  of  the  following  day,  the  property,  on  the  next  sale  day,  before 
■  the  regular  sale,  must  be  resold  for  the  taxes  and  costs. 

Sec.  3775.  The  bid  of  any  person  refusing  to  make  the  payments  for 
property  purchased  by  him  must  not  be  received  on  the  sale  of  any  property 
advertised  in  the  delinquent  list  of  that  year. 

Sec.  3776.  After  receiving  the  amount  of  the  taxes  and  costs,  the  Col- 
lector must  make  out  in  duplicate  a  certificate,  dated  on  the  day  of  sale, 
fctatiag  (when  known)  the  name  of  the  person  assessed,  a  description  of  the 
land  sold,  the  amount  paid  therefor,  that  it  was  sold  for  taxes,  giving  the 
amount  and  year  of  the  assessment,  and  specifying  the  time  when  the  pur- 
chaser will  be  entitled  to  a  deed. 

Sec.  3777.  The  certificate  must  be  signed  bj'  the  Collector,  and  one  copy 
delivered  to  the  purchaser,  and  the  other  filed  in  the  office  of  the  County 
Recorder. 

Sec.  3778.  The  Collector,  befo]"e  delivering  any  certificate,  must  in  a  book 
enter  a  description  of  the  laud  sold  corresponding  with  the  description  in 
the  certificate,  the  da'.e  of  sale,  purchaser's  name,  and  amount  paid,  regu- 
larly number  the  descriptions  on  the  margin  of  the  book,  and  put  a  corre" 
sponding  number  on  each  certificate.  Such  book  must  be  open  to  public 
inspection  without  fee,  during  office  hours  when  not  in  actual  use. 

Sec.  3779.  On  filing  the  certificate  with  the  County  Recorder  the  lien  of 
the  State  vests  in  the  purchaser,  and  is  onlj'  divested  by  the  payment  to 
him,  or  to  the  County  Treasurer  for  his  use,  of  the  purchase  money  and  fifty 
per  cent,  thereon. 

Sec.  3780.  A  redemption  of  the  property  sold  may  be  made  by  the  owner 
or  any  party  in  interest  within  twelve  months  from  the  date  of  the  purchase, 
or  at  any  time  prior  to  ihe  giving  of  the  notice  and  the  application  for  a  deed, 
as  provided  for  in  section  thirty-seven  hundred  and  eighty-five  of  this  Code. 

Sec.  3781.  Redemption  must  be  made  in  gold  or  silver  coin,  and  when 
made  tc  the  County  Treasurer,  he  must  credit  the  amount  paid  to  the  person 
named  in  the  Collector's  certificate,  and  pay  it  on  demand  to  the  person  or 
his  assignees. 

Sec.  3782.  In  each  report  the  Treasurer  makes  to  the  Supervisors  he 
must  name  the  person  entitled  to  redemption  money,  and  the  amount  due  to 
each. 


THE  CONSOLIDATION  ACT.  S91 

Sec.  3783.  Ou  receiving  the  certificate  of  sale  the  Becorder  must  fileU, 
and  make  an  entry  in  a  book  similar  to  that  required  of  the  Collector. 

Seo.  3784.  On  the  iiresentation  of  the  receipt  of  the  person  named  in 
the  certificate,  or  of  the  County  Treasurer  for  his  use,  of  the  total  amount  of 
the  redemption  money,  the  Kecorder  must  mark  the  word  "  Redeemed,"  the 
date,  and  by  whom  redeemed,  on  the  certificate  and  in  the  margin  of  the 
book  where  the  entry  of   the  certificate  is  made. 

Sec.  3785.  If  the  property  is  not  redeemed  within  the  time  allowed  by 
law  for  its  redemiJtiou,  the  Collector,  or  his  successor  in  office,  must  make 
to  the  purchaser,  or  his  assignee,  a  deed  of  the  property,  reciting  in  the 
deed  substantially  the  matters  contained  in  the  certificate,  and  that  no  per- 
son has  redeemed  the  property  during  tlie  time  allowed  for  its  redemption. 
In  counties  where  no  fee  for  making  said  deeds  is  provided  by  law,  the 
Collector  shall  be  entitled  to  receive  from  the  purchaser  three  dollars  for 
making  such  deed.  No  charge  must  be  made  by  the  Collector  for  the  making 
of  any  such  deed  where  the  State  is  a  purchaser;  and  the  acknowledgment 
of  all  said  deeds,  as  provided  in  section  three  thousand  seven  hundred  and 
seventy-three,  shall  be  taken  by  the  County  Clerk  free  of  charge;  provided, 
however,  that  the  purchaser  of  property  sold  for  delinquent  taxes,  or  his 
assignee,  must,  thirty  (30)  days  previous  to  the  expiration  of  the  time  for 
the  redemption,  or  thirty  days  before  he  applies  for  a  deed,  serve  upon  the 
owner  of  the  property  purchased,  or  ujion  the  person  occupying  the  prop- 
erly, if  said  property  is  occupied,  a  M'ritten  notice,  stating  that  said  property, 
or  a  portion  thereof,  has  been  sold  lor  delinquent  taxes;  giving  the  date  of 
sale,  the  amount  of  property  sold,  the  amount  for  which  it  was  sold,  the 
amount  then  due,  and  the  time  when  the  right  of  redemption  will  expire,  or 
when  the  purchaser  will  apply  for  a  deed,  and  the  owner  of  the  property 
shall  have  the  right  of  redemption  indefinitely  until  such  notice  shall  have 
been  given  and  said  deed  applied  for,  upon  the  payment  of  the  fees,  per- 
centages, penalties,  and  costs,  required  by  law.  In  the  case  of  unoccupied 
property,  a  similar  notice  shall  be  posted  in  a  conspicuous  place  upon  the 
property,  at  least  thirty  days  before  the  expiration  of  the  time  for  redemption, 
or  thirty  days  before  the  purchaser  applies  for  a  deed;  and  no  deed  of  the 
property  sold  at  a  delinquent  tax  sale  shall  be  issued  by  the  Tax  Collector, 
or  any  other  officer,  to  the  purchaser  of  such  property,  until  after  such  pur- 
chaser shall  have  filed  with  such  Tax  Collector,  or  other  officer,  an  affidavit 
showing  that  the  notice  hereinbefore  required  to  be  given,  has  beOTi  given  as 
herein  required,  which  said  affidavit  shall  be  filed  and  preserved  by  the  Tax 
Collector,  as  other  files,  papers,  and  records,  kept  by  him  in  his  office- 
Such  purchaser  shall  be  entitled  to  receive  the  sum  of  three  dollars  for  the 
service  of  said  notice  and  the  making  of  said  affidavit;  which  sum  of  three 
dollars  shall  be  paid  by  the  redemptioner  at  the  same  time  and  in  the  same 
manner  as  other  costs,  percentages,  penalties,  and  fees  are  paid. 


392  THE  CONSOLIDATION  ACT. 

Sko.  3786.  The  matters  recited  in  the  certificate  of  sale  must  be  recited 
in  the  deed,  and  such  deed,  duly  acknowledged  or  proved,  is  primary  evidence 
that: 

1.  The  property  was  assessed  as  required  by  law; 

2.  The  property  was  equalized  as  required  by  law; 

3.  The  taxes  were  levied  in  accordance  with  law; 

4.  The  taxes  were  not  paid; 

5.  At  a  projjer  time  and  place  the  property  was  sold  as  prescribed  bylaw, 
and  by  the  proper  officer; 

6.  The  propeity  was  not  redeemed; 

7.  The  person  who  executed  the  deed  was  the  proper  officer; 

8.  Where  the  real  estate  was  sold  to  pay  taxes  on  personal  property,  that 
the  real  estate  belonged  to  the  person  liable  to  pay  the  tax. 

Sec.  3787.  Such  deed,  duly  acknowledged  or  proved,  is  (except  as  against 
actual  fraud)  conclusive  evidence  of  the  regularity  of  all  other  proceedings, 
from  the  assessment  by  the  Assessor,  inclusive,  up  to  the  execution  of  the 
deed. 

Sec.  3788.     The  deed  conveys  to  the  grantee  the  absolute  title  to  the  lands 
described  therein  as  of  the  date  of  the  expiiation  of  the  period  for  redemp- 
tion, free  of  all  incumbrances,  except  the  lien  for  taxes  which  may  have  at- 
tached subsequent  to  the  sale,  and  except  when  the  land  is  owned  by  the 
United  States,  or  this  State,  in  which  case  it  is  prima  facie  evidence  of  the 
right  of  possession,  accrued  as  of  the  date  of  the  expiration  of  such  period 
for  redemption.     Deeds  to  the  Slate  of  State  lands  sold  for  delinquent  taxes 
shall  be  recorded  by  the  Recorders  of  the  several  counties,  as  prescribed  in 
section  three  thousand  eight  hundred  and  sixteen  of  this  Code,  and  a  copy 
of  said  deeds,  duly  certified  by  the  County  Recorder,  and  acknowledged  be- 
fore the  County  Clerk,  shall,  without  delay,  be  filed   in   the  office  of  the 
Surveyor-General,  and  thereupon  the  land  shall  again  become  subject  to 
entry  and  sale,  in  the  same  manner  and  subject  to  the  same  conditions  as 
apply  to  other  State  lands  of  like  character,  except  that  the  former  possessors 
of  lands  thus  deeded  to  the  State,  their  heirs  or  assigns,  shall  be  preferred 
purchasers  thereof  for  three  months  after  the  deeds  are  filed  with  the  Sur- 
veyor-General, as  prescribed  in  this  section;  but  the  Surveyor-General  shall 
not  permit  an  entry,  nor  make  a  sale  of  any  lands  thus  deeded  to  the  State, 
except,  uplJn  the  previous  payment  into  the  State  Treasury,  in  addition  to  the 
price  of  said  lands  as  compared  with  the  price  fixed  for  other  State  lands  of 
a  like  character,  by  the  person  or  persons  proposing  to  make  the  entry  or 
purchase,  of  a  sum  equal  to  the  delinquent  taxes,  costs,  and  penalties,  by 
virtue  whereof  the  State  became  a  purchaser  of  the  lands  thus  sought  to  be 
entered  or  purchased.     The  money  thus  paid  into  the  State  Treasury  shall 
be  distributed  in  the  manner  prescribed  in  section  three  thousand  eight 
hundred  and  sixteen  of  this  Code.     In  all  cases  where  land  has  been  hereto- 
fore sold  for  delinquent  taxes,  the  deed  therefor  mx;st  be  made  within  one 


THE  CONSOLIDATION  ACT.  393 

yea^  and  three  months  after  this  Act  takes  effect,  and  unless  so  made,  the 
purchaser  shall  be  deemed  to  have  relinquished  all  his  rights  under  such 
sale. 

Sec.  3789.  The  Assessment  Book,  Duplicate  Assessment  Book,  or  De- 
linquent List,  or  a  copy  thereof  certified  by  the  County  Auditor,  showing 
unpaid  taxes  against  any  person  or  property,  is  prima  facie  evidence  of  the 
assessment,  the  property  assessed,  the  delinquency,  the  amount  of  taxes  due 
and  unpaid,  and  that  all  the  forms  of  law  in  relation  to  the  assessment  and 
levy  of  such  taxes  have  been  complied  with. 

Sec.  3790.  The  Tax  Collector  may,  after  the  first  Monday  in  February 
in  each  year,  in  each  of  the  counties  of  this  State,  except  in  the  City  and 
County  of  San  Francisco,  and  may,  after  the  first  Mond.iy  in  March  in  each 
year,  in  said  City  and  County  of  San  Francisco,  collect  the  taxes  due  on 
personal  property,  except  when  real  estate  is  liable  therefor,  by  seizure  and 
sale  of  any  personal  property  owned  by  the  delinquent. 

Sec.  3791.  The  sale  must  be  at  public  auction,  and  of  a  sufficient  amount 
of  the  property  to  pay  the  taxes,  percentage,  and  costs. 

Sec.  3792.  The  sale  must  be  made  after  one  week's  notice  of  the  time 
and  place  thereof,  given  by  publication  in  a  newspaper  in  the  county^  or  by 
posting  in  three  public  places. 

Sec.  3793.  For  seizing  or  selling  personal  property,  the  Tax  Collector 
may  charge  in  each  case  the  sum  of  three  dollars,  and  the  same  mileage  as 
is  allowed  by  law  to  the  Sherifi"  of  the  county. 

Skc.  3794.  On  payment  of  the  price  bid  for  any  property  sold,  the  de- 
livery thereof,  with  a  bill  of  sale,  vests  the  title  thereto  in  the  purchaser. 

Sec.  3795.  All  excess  over  the  taxes,  per  cent.,  and  costs  of  the  proceeds 
of  any  such  sale,  must  be  returned  to  the  owner  of  the  property  sold,  and 
until  claimed  must  be  deposited  in  the  County  Treasury,  subject  to  the  order 
of  the  owner,  heirs  or  assigns. 

Sec.  3796.  The  unsold  portion  of  any  property  may  be  left  at  the  place 
of  sale  at  the  risk  of  the  owner. 

Sec.  3797,  The  Tax  Collector  must,  annually,  on  the  third  Monday  of 
March,  attend  at  the  office  of  the  Auditor  with  the  delinquent  list,  and  the 
Auditor  must  then  carefully  compare  the  list  with  the  assessments  of  per- 
sons and  property  not  marked  "  Paid  "  on  the  assessment  book,  and  when 
taxes  have  been  paid,  must  note  the  fact  in  the  appropriate  column  in  the 
assessment  book. 

Sec.  3798.  The  Auditor  must  then  administer  to  the  Tax  Collector  an 
oath,  to  be  written  and  stibscribed  in  the  delinquent  list,  that  every  person 
and  all  property  assessed  in  the  delinquent  list  on  which  taxes  have  been 
paid  has  been,  credited  in  the  list  with  such  payment. 


394  _  THE  CONSOLIDATION  ACT. 

Sec.  3799.  The  Auditor  must  then  foot  up  the  amount  of  taxes  remain- 
ing unpaid,  and  credit  the  Tax  Collector  with  the  amount,  and  hftve  a  final 
settlement  with  him;  and  the  delinquent  list  must  remain  on  file  in  the 
Auditor's  office.  In  the  City  and  County  of  San  Francisco,  the  Auditor 
must  charge  the  Collector  with  the  amount  due  on  such  list,  and  must  re- 
turn to  such  Collector  the  copy  of  the  assessment  book. 

Sec.  3800.     At  the  time   mentioned  in  Section   3797,  the  Collector  must 
make  an  affidavit,  indorsed  on  the  list,  that  the  taxes  not  marked  "  Paid  ' 
have  not  been  paid,  and  that  he  has  not  been  able  to  discover  any  property 
belonging  to,  or  in  possession  of,  the  persons  liable  to  pay  the  same  whereof 
to  collect  them. 

Sec.  3803,  Interest  at  the  rate  of  two  per  cent  per  month  must  be  collected 
on  such  delinquent  taxes  from  the  time  they  were  first  delinquent  until  paid. 

Sec.  3804.  Any  taxes,  per  centum,  and  costs  erroneously  or  illegally  col- 
lected, may  by  the  order  of  the  Board  of  Supervisors,  be  refunded  by  the 
County  Treasurer. 

Sec.  3805.  When  the  Collector  discovers  that  any  property  has  been 
assessed  more  than  once  for  the  same  year,  he  must  collect  only  the  tax 
justly  due,  and  make  return  of  the  facts  under  affidavit  to  the  County 
Auditor. 

Sec.  3806.  If  the  Collector  discovers  before  the  sale  that  on  account  of 
^rregular  assessment,  or  of  any  other  error,  any  land  ought  not  to  be  sold,  he 
must  not  ofi'er  the  same  for  sale;  and  the  Board  of  Supervisors  must  cause 
the  Assessor  to  enter  the  uncollected  taxes  upon  the  assessment  book  of  the 
next  succeeding  year,  to  be  collected  as  other  taxes  entered  thereon. 

Sec.  3807.  When  land  is  sold  for  taxes  correctly  imposed  as  the  property 
of  a  particular  person,  no  misnomer  of  the  owner,  or  supjiosed  owner,  or 
other  mistake  relating  to  the  ownership  thereof,  affects  the  sale,  or  renders 
it  void  or  voidable. 

Sec.  3808.  If  any  person  removes  from  one  county  to  another,  after  be" 
ing  assessed  on  personal  property,  the  Collector  of  the  county  in  which  he 
was  assessed  may  employ  an  attorney  to  sue  for  and  collect  the  same  in  the 
Assessor's  name. 

Sec.  3809.  On  the  trial  a  certified  copy  of  the  assessment,  signed  by  the 
Auditor  of  the  county  where  the  same  was  made,  with  the  affidavit  of  the 
Collector  thereto  attached,  that  the  tax  has  not  been  paid,  describing  it  as 
on  the  asseessment  book  or  delinquent  list,  is  primary  evidence  that  such 
tax  and  the  per  centum  is  due,  and  entitles  him  to  judgment,  unless  the  de- 
fendant proves  that  the  tax  was  paid. 

Sec.  3810.  The  Treasurer  and  Auditor  must  allow  the  expenses  of  col- 
lecting such  tax,  and  permit  a  deduction  thereof  from  the  amount  collected, 
if  they  do  not  exceed  one-third  of  the  amount  of  the  tax  collected. 


THE  CONSOLIDATION  ACT.  395 

Sec.  3811.  Whenever  property  is  advertised  for  sale  for  the  non-payment 
of  delinquent  taxes,  ami  the  assessment  is  valid  in  part  and  void  for  the 
excess,  the  sale  shall  not  fur  tijat  cause  be  deemed  invalid,  nor  any  grant 
subsequently  made  thereauder  be  held  to  be  insufficient  to  pass  a  title  to  the 
grantee,  unless  the  owner  of  the  property,  or  his  aj^eut,  shall,  not  less  than 
SIX  days  before  the  time  at  which  the  property  is  advertised  to  be  sold,  de- 
liver to  the  Tax  Collector  a  protest  in  writing,  signed  by  the  respective  owner 
or  agent,  specifying  the  portion  of  the  tax  which  he  claims  to  be  invalid,  and 
the  grounds  upon  which  such  claim  is  based. 

Sec.  3812.  In  case  any  owner  of  property  advertised  to  be  sold  for  de- 
linquent taxes  shall,  at  least  six  days  before  the  time  advertised  for  the  sale 
to  take  place,  deliver  to  the  Tax  Collector  his  protest  in  writing  against  such 
sale,  signed  by  himself  or  his  agent,  claiming  that  the  assessment  is  void  in 
whole  or  in  part — and  if  in  part  only,  for  what  portion,  and  in  either  case 
specifying  the  grounds  upon  which  such  claim  is  founded — it  shall  be  the 
duty  of  the  Tax  Collector,  either: 

First — To  sell  the  property  assessed  for  the  whole  amount  appearing  upon 
the  duplicate  assessment  book;  or, 

Second — Withdraw  the  property  from  sale,  and  report  the  case  to  the  State 
Board  of  Equalization  for  its  direction  in  the  premises;  and  in  such  case  the 
Board  of  Equalization  may  either  direct  the  foreclosure^of  the  lien  of  such 
tax  by  action,  which  proceeding  is  hereby  authorized  to  be  had,  or  direct 
the  Collector  to  proceed  with  the  sale. 

Sec.  3813.  In  case  property  assessed  for  taxes  is  purchased  by  the  State, 
pursuant  to  the  provisions  of  section  three  thousand  seven  hundred  and 
seventy-three  of  this  Code,  it  shall  be  assessed  the  next  year  for  taxes  in  the 
same  manner  as  if  it  had  not  been  so  purchased.  But  it  shall  not  be  ex- 
posed for  sale,  and  the  sale  thereof,  under  such  assessment,  shall  be  ad- 
journed until  the  time  of  redemption,  under  the  previous  sale,  shall  have 
expired. 

Sec.  3814.  In  case  an  assessment  is  made  under  the  provisions  of  section 
three  thousand  eight  hundred  and  thirteen  of  this  Code,  and  the  lands  are 
not  redeemed  from  a  previous  sale  had  under  section  three  thousand  seven 
hundred  and  seventy-three,  as  provided  by  law,  no  sale  shall  be  had  under 
the  assessment  authorized  by  said  section  three  thousand  eight  hundred  and 
thirteen,  unless  directed  by  the  State  Board  of  Equalization. 

Sec.  3815.  In  cas^e  property  is  sold  to  the  State  as  purchaser,  pursuant 
to  section  three  thousand  seven  hundred  and  seventy-three  of  this  Code,  and 
is  subsequently  assessed  pursuant  to  section  three  thousand  eight  hundred 
and  sixteen  of  this  Code,  no  person  shall  be  permitted  to  redeem  from  such 
sale,  except  upon  payment  also  of  the  amount  of  such  subsequent  assessment, 
costs,  fees,  and  interest. 

Six.  3816.     Whenever  property  sold  to  the  State,  pursuant  to  the  pro- 


396  THE  CONSOLIDATION  ACT. 

visions  of  this  chapter,  shall  be  redeemed  as  herein  provided,  the  moneys 
received  on  account  of  such  redemption  shall  be  distributed  as  follows:  The 
original  tax  and  tne  fifty  per  cent,  paid  in  redemption  shall  be  apportioned 
between  the  State  and  county  in  the  same  proportion  that  the  State  tax  bears 
to  the  county  tax;  the  five  per  cent,  additional,  and  the  money  received  for 
delinquent  poll  tax,  shall  be  paid  to  the  county;  the  percentage  allowed  for 
the  collection  of  the  delinquent  poll  tax  shall  be  paid  to  the  Collector,  and 
the  costs  to  the  parties  entitled  thereto.  The  County  Treasurer  shall  keep 
an  accurate  account  of  all  money  paid  in  redemption  of  property  sold  to  the 
State,  and  shall,  on  the  first  Monday  of  June,  in  each  year,  make  a  detailed 
report,  verified  by  his  affidavit,  of  each  account,  year  for  year,  to  the  Con- 
troller of  State,  in  such  form  as  the  Controller  may  desire.  Whenever  the 
State  shall  receive  from  the  Tax  Collector  any  grant  of  property  so  sold  for 
taxes,  the  same  shall  be  recorded,  at  the  request  of  the  County  Treasurer, 
free  of  charge  by  the  County  Kecorder,  and  shall  be  immediately  reported  by 
the  County  Treasurer  to  the  State  Board  of  Equalization. 

Sec.  3817.  In  all  cases  where  real  estate  has  been  or  may  hereafter  be  sold 
for  delinquent  taxes,  and  the  State  has  become  the  purchaser,  and  has  not  dis- 
posed of  the  same,  the  person  whose  estate  has  been  or  may  hereafter  be  sold, 
or  his  heirs,  executors,  administrators,  or  other  successors  in  interest,  shall  at 
any  time  after  the  tipie  of  purchase  thereof  by  the  State,  and  before  the  State 
shall  have  disposed  of  the  same,  have  the  right  to  redeem  such  real  estate  by 
paying  to  the  County  Treasurer  of  the  county  wherein  the  real  estate  is  situ- 
ated the  amount  of  taxes  due  thereon  at  the  time  of  said  sale,  with  interest 
thereon  at  the  rate  of  seven  per  cent  per  annum;  aod  also  all  taxes  that  were 
a  lien  upon  said  real  estate  at  the  time  said  taxes  became  delinquent;  and 
also  for  each  year  since  the  sale  for  which  taxes  on  said  laud  have  not  been 
paid,  an  amount  equal  to  the  percentage  of  State  and  county  tax  for  that 
year,  upon  the  value  of  said  real  estate  assessed  for  the  year  of  the  sale,  with 
interest  from  the  first  day  of  January  of  each  of  said  years  respectively,  at 
the  same  rate;  and  also  all  costs  and  expenses,  and  twenty-five  per  cent  pen- 
alty, which  may  have  accrued  by  reason  of  such  delinquency  and  sale,  and  the 
costs  and  expenses  of  such  redemption,  as  hereinafter  specified.  The  County 
Auditor  shall,  on  the  application  of  the  person  desiring  to  redeem,  make  an 
estimate  of  the  amount  to  be  paid,  and  shall  give  him  triplicate  certificates 
of  the  amount,  specifying  the  several  amounts  thereof,  wliich  certificates 
shall  be  delivered  to  the  County  Treasurer,  together  with  the  money;  and  the 
County  Treasurer  shall  give  triplicate  receipts,  written  or  indorsed  upon  said 
certificates,  to  the  redemptioner,  who  shall  deliver  one  of  said  receipts  to 
the  State  Controller  and  one  to  the  County  Auditor,  taking  their  receipts 
therefor.  The  County  Treasurer  shall  settle  for  the  moneys  received  as  for 
other  State  and  county  moneys.  The  County  Auditor  shall  be  paid  by  the  re- 
demptioner  for  making  out  said  estimates  the  sum  of  two  dollars.  Upon  the 
payment  of  the  money  specified  in  said  certificate,  and  the  giving  of  the  receipts 


THE  CONSOLIDATION  ACT.  397 

aforesaid  by  the  Treasurer,  Controller,  and  Auditor,  any  deed  or  certificate 
of  sale  that  may  Lave  been  made  to  the  State  shall  become  null  aud  void, 
and  all  right,  title,  and  interest  acquired  by  the  State  under  or  by  virtue  of 
the  tax  sale  shall  cease  and  determine.  The  receipts  of  the  County  Treas- 
urer, Controller,  and  County  Auditor  may  be  recorded  in  the  Kecorder's 
office  of  the  county  in  which  said  real  estate  is  situated,  in  the  book  of  deeds, 
and  the  records  thereof  shall  have  the  same  efi'ect  as  that  of  a  deed  of  re- 
conveyance of  the  interest  conveyed  by  said  deed  or  certificate  of  sale.  This 
act  shall  not  apply  to  school  lands  when  the  full  §imount  of  one  dollar  and 
twenty-five  cents  per  acre  has  not  been  paid  to  the  State  therefor. 


CHAPTER  VIII. 


COLLECTION   OP   TAXES  BY   THE  ASSESSOB   ON   CEBTAIN   PEBSONAL   PEOPEBTT. 

Sec.  3820.  The  Assessor  must  collect  the  taxes  on  all  personal  property 
when,  in  his  opinion,  said  taxes  are  not  a  lien  upon  real  property  sufficient 
to  secure  the  payment  of  the  taxes;  provided,  that  in  the  City  and  County  of 
San  Francisco  the  Tax  Collector  shall  collect  such  taxes  at  any  time  after  the 
assessment. 

Sec  3821.  In  the  case  provided  for  in  the  preceding  section  at  the  time 
of  making  the  assessment,  or  at  any  time  before  the  first  Monday  of  July, 
the  Asesssor  may  collect  the  taxes  by  seizure  and  sale  of  any  personal  prop- 
erty owned  by  the  person  against  whom  the  tax  is  assessed. 

Sec  3822.  The  provisions  of  Sections  3791,  3792,  3793,  3794,  3795  and 
3796  apply  to  such  seizure  and  sale. 

Sec.  3823.  The  Assessor  and  Collector  are  governed  as  to  the  amount  of 
taxes  to  be  by  him  collected  on  personal  property,  by  the  State  and  county 
rate  of  the  previous  year. 

Sec.  3824.  When  the  rate  is  fixed  for  the  year  in  which  such  collection  is 
made,  then,  if  a  sum  in  excess  of  the  rate  has  been  collected,  such  excess 
shall  not  be  apportioned  to  the  State,  but  the  whole  thereof  shall  remain  in 
the  county  treasury,  and  must  be  repaid  by  the  County  Treasurer  to  the  per- 
son from  whom  the  collection  was  made,  or  to  his  assignee,  on  demand 
therefor. 

Sec.  3825.  If  a  sum  less  than  the  rate  fixed  has  been  collected,  the  defi- 
ciency must  be  collected  as  other  taxes  on  personal  property  are  collected. 

Sec  3826.  The  Assessor,  on  the  first  Monday  of  each  month,  must  make 
a  settlement  with  the  Auditor,  and  must  pay  into  the  County  Treasury  all 
moneys  collected  by  him  for  such  taxes  during  the  preceding  month,  Jess  the 
compensation  allowed  him  for  making^such  collection. 


398  THE  CONSOLIDATION  ACT. 

Sec.  3827.  The  Auditor  must,  as  soon  as  the  "  assessment  book  "  for  the 
year  comes  into  his  hands,  note  opposite  the  names  of  each  person  from  whom 
taxes  have  been  collected  the  amount  thereof. 

Sec.  3828.  As  soon  as  the  rate  of  taxation  for  the  year  is  fixed,  the  Aud- 
itor must  note,  in  connection  with  the  entry  made  under  the  provisions  of 
the  preceding  section,  the  amount  of  the  excess  or  deficiency. 

Sec.  3829.  For  services  rendered  in  the  collection  of  taxes  under  section 
three  thousand  eight  hundred  and  twenty,  the  Assessors  of  the  sevex-al  coun- 
ties shall  receive  six  per  cent  on  the  amount  by  him  collected;  provided,  that 
all  fees  or  commissions  collected  under  this  or  any  other  act  by  the  salaried 
oflScers,  except  in  the  collection  of  poll  taxes  in  and  for  the  City  and  County 
of  San  Francisco,  shall  be  by  said  officers  paid  into  the  County  Treasury  for 
the  use  of  said  city  and  county. 

Sec.  3830.  In  every  county  in  this  State,  where  any  officer  other  than  the 
Assessor  is  charged  with  the  collection  of  taxes  upon  personal  property,  not 
a  lien  upon  real  property,  such  officer  must,  until  after  the  expiration  of  the 
term  of  the  present  incumbent,  discharge  the  duties  cast  upon  the  Assessor 
under  the  provisions  of  this  chapter. 


CHAPTER  IX. 


POLL    TAXES. 


Sec.  3839.  Every  male  inhabitant  of  this  State,  over  twenty-one  and 
under  sixty  years  of  age,  except  paupers,  insane  persons,  and  Indians  not 
taxed,  must  annually  pay  a  poll  tax  of  two  dollars;  provided,  the  same  be 
paid  between  the  first  Monday  in  March  and  the  first  Monday  in  July;  but 
if  not  paid  prior  to  the  first  Monday  in  July,  then  it  shall  be  three  dollars; 
provided  further,  that  nothing  herein  shall  affect  any  laws  imposing  a  greater 
poll  tax  upon  inhabitants  ineligible  to  citizenship. 

Sec.  3840.  Poll  tax  must  be  collected  by  the  Assessors  between  the  first 
Monday  in  March  and  the  second  Monday  in  January  of  the  ensuing  year. 

Sec.  3841.  The  County  Treasurer  must,  before  the  first  Monday  of  March 
and  the  first  Monday  in  July  of  each  year,  cause  to  be  printed,  respectively, 
of  two  and  three  dollars,  blank  poll  tax  receipts,  a  sufficient  number  for  the 
use  of  the  Assessor. 

Sec.  3842.     The  style  of  such  blanks  must  be  changed  every  year. 

Sec.  3843.  The  Treasurer  must,  before  the  first  Monday  in  March  of 
each  year:  First — Number  and  sign  the  two-dollar  blanks,  and  before  the 
first  Monday  in  July,  number  and  sign  the  three-dollar  blanks.  Second — At 
the  time  of  signing  make  an  entry  of  the  whole  number  thereof,  and  of  the 


THE  CONSOLIDATION  ACT.  399 

first  ami  last  number  placed  thereon,  in  a  book  kept  by  him  for  tLat  pur- 
pose. Third — Deliver  all  such  blanks  to  the  Auditor,  and  charge  him  there- 
with. 

Sec.  3844.  The  Auditor  upon  the  receipt  thereof  must  sign  the  same,  and 
make  in  a  book  to  be  kept  by  him  for  that  purpose  a  similar  entry  to  that 
prescribed  in  Subdivision  2  of  the  preceding  section. 

Sec.  1)845.  He  must,  at  any  time  after  the  first  Monday  in  March  and  the 
first  Monday  in  July,  upon  demand,  deliver  to  the  Assessor,  in  their  order, 
the  two  and  three-dollar  blanks,  nnd  charge  him  therewith. 

Sec.  384(j.  The  Assessor  must  demand  payment  Lof]  poll  tax  of  every 
person  liable  therefor,  and  on  the  neglect  or  refusal  of  such  person  to  pay 
the  same,  he  must  collect  by  seizure  and  sale  of  any  personal  property  owned 
by  such  person. 

Sec.  3847.  The  sale  may  be  made  after  three  hours  verbal  notice  of  time 
and  place,  nnd  the  provisions  of  sections  thirty-seven  hundred  and  ninety- 
one,  thirty-seven  hundred  and  ninety-three,  thirty-seven  hundred  and  ninety- 
four,  thirty-seven  hundred  and  ninety  five,  and  thirty  seven  hundred  and 
ninety-six,  apply  to  such  seizure  and  sale. 

Sec,  3848.  Every  person  indebted  to  one  who  neglects  or  refuses,  after 
demand,  to  pay  a  poll  tax,  becomes  liable  therefor,  and  must  pay  the  same 
for  such  other  person  after  service  upon  him  by  the  Collector  of  a  notice  in 
writing,  stating  the  name  of  such  person. 

Sec.  3849.  Every  officer  authorized  to  draw  the  warrants  for  or  to  pay  the 
salary  or  fees  of  any  officer  is  the  debtor  of  such  officer  within  the  meaning 
of  the  preceding  section. 

Sec.  3850.  Every  person  paying  the  poll  tax  of  another  may  deduct  the 
same  from  any  indebtedness  to  siich  other  person. 

Sec.  3851.  The  Assessor  must  deliver  the  poll  tax  receipt,  tilled  out  with 
the  name  of  the  person  owning  the  taxes,  to  the  purchaser  of  property  at  any 
such  sale;  in  other  cases  he  must  deliver  it,  filled  out  in  like  manner,  to  the 
person  paying  the  tax. 

Sec.   3852.    .The  receipt  so  delivered  is  the  only  evidence  of  payment. 

Sec.  3853.  On  the  first  Monday  in  each  month  the  Assessor  must  make 
oath  before  the  Auditor,  of  the  total  amount  of  poll  taxes  collected  by  him 
during  the  last  preceding  month,  and  mrst,  at  the  same  time,  settle  with  the 
Auditor  for  the  same,  and  pay  into  the  County  Treasurer's  office  the  total 
amount  of  poll  taxes  collected,  less  the  percentum  allowed  for  fees. 

Sec.  3854.  On  the  first  Monday  in  July  the  Assessor  must  return  to  the 
Auditor  all  two-dollar  blank  poll  tax  receipts  received  by  him  and  not  used, 
and  pay  to  the  Treasurer  the  total  amount  collected  and  not  before  paid  in, 
less  the  amount  of  his  fees,  and  the  Auditor  must  deliver  to  him  the  three- 
dollar  receipts;  and  on  the  second  Monday  in  January  of  each  year  he  must 


400  THE  CONSOLIDATION  ACT. 

I'eturn  to  the  Auditor  all  the  three-dollar  poll  tax  receipts  received  by  him 
and  uot  used,  and  must  make  final  settlement  with  the  Auditor  and  Treasurer 
therefor. 

Skc.  3855.  The  Auditor  must,  as  soon  as  the  settlement  is  made,  return 
to  the  Treasurer  the  receipts  not  used. 

Sec.  3856.  The  Treasurer  must  credit  the  Auditor  with  the  receipts  so 
returned,  and  must  thereupon  seal  them  up  securely  and  deposit  and  keep 
them  in  his  office. 

Seo.  3857.  The  Assessor  must  keep  a  roll  of  the  names  and  local  resi- 
dence, or  place  of  business,  of  all  persons  subject  to  or  liable  for  poll  tax, 
and,  if  paid,  date  and  amount  of  each  payment,  and,  if  not  paid,  cause  of 
non-payment;  provided,  that  no  person  shall  be  returned  as  delinquent  on 
such  roll  unless  a  demand  has  been  made  upon  him  in  person  or  through  the 
post-office. 

Sec.  3858.  On  the  third  Monday  in  January  of  each  year  the  Assessor 
must  deliver  to  the  Auditor  the  roll  so  mads  up,  and  the  Auditor  most  add 
to  the  total  poll  tax  delinquent  on  such  roll  thirty-three  and  one-third  per 
centum  additional,  and  without  delay  deliver  such  list  to  the  Tax  Collector, 
and  charge  the  Collector  therewith. 

Sec.  3860.  If  any  person,  assessed  for  a  property  tax,  has  not  paid  to  the 
Assessor  the  poll  tax  due  from  him,  or  for  which  he  is  liable,  it,  with  thirty- 
three  and  one-third  per  cent,  in  addition  thereto,  congtitutes  a  lien  upon  the 
property  assessed  to  such  person,  to  attach  from  the  first  Monday  in  March 
in  each  year,  and  must  be  collected  in  the  same  manner  and  at  the  same 
time  as  delinquent  taxes  are  collected. 

Sec.  3861.  The  proceeds  of  the  poll  tax  must  be  paid  to  the  County 
Treasurer,  as  provided  by  law,  for  the  exclusive  use  of  the  State  School 
Fund,  and  shall,  by  such  Treasurer,  be  paid  to  the  State  as  other  moneys 
belonging  to  the  State. 

Sec.  3862.  The  Assessor,  for  services  rendered  in  the  collection  of  poll 
taxes,  shall  receive  the  sum  of  fifteen  per  cent.;  and  the  Collector,  for  serv- 
ices rendered  in  the  collection  of  poll  taxes  on  the  delinquent  list  (including 
the  publication),  shall  receive  the  sum  of  twenty-five  per  cent,  on  all  delin- 
quent poll  tax  collected  by  him. 


CHAPTER  X. 


SETTLEMENTS   WITH    THE    CONTKOLLEE    AND   PAYMENTS   INTO    THE   STATE 
TEEASUKY. 

Sec.  3865.     The  Treasurers  of  the  respective  counties  must  at  any  time 
upon  the  order  of  the  Controller  and  Treasurer  of  State,   settle  with  the 


THE  CONSOLIDATION  ACT.  401 

Controller,  and  pay  over  to  the  Treasurer  all   moneys  in  their  possession 
belon-^ing  to  the  State. 

Sec.  38GG.  The  Treasurers  of  the  Counties  of  Alameda,  Amador,  Contra 
Costa,  Calaveras,  El  Dorado,  Nevada,  Placer,  Sierra,  Solano,  Yolo,  San 
Francisco,  Sacramento,  San  Joaquin,  Santa  Clara,  Tuolumne,  and  Yuba,  re- 
spectively, must,  between  the  fifteenth  and  thirtieth  days  of  January,  April, 
July,  and  October,  of  each  year,  and  the  County  Treasiirers  of  the  Counties 
of  Mnmboldt,  Del  Norte,  and  Modoc  must,  between  the  fifteenth  and  thirtieth 
d.iys  of  October  and  April,  in  each  year,  and  the  County  Treasurers  of 
other  counties  of  this  State  must,  between  the  fifteenth  and  thirtieth 
d.iys  of  January  and  June,  respectively,  in  each  year,  proceed  to  the  State 
Caj-ital  and  settle  in  full  with  the  Conlroller  of  State,  and  pay  over  in  cash 
to  the  Treasurer  of  State,  all  funds  which  have  come  into  their  hands,  as 
County  Treasurers,  before  the  close  of  business  at  the  end  of  the  previous 
mouth.  If,  in  the  opinion  of  the  Controller  of  State,  it  appears  from  the 
report  of  the  County  Auditor  that  sufficient  property  tax  has  not  been  col- 
lected to  make  it  for  the  interest  of  the  State  that  a  settlement  should  be 
made,  the  Controller  shall  defer  the  settlement  until  the  next  regular  settle- 
ment. No  mileage,  fees,  or  commissions  shall  be  allowed  any  officer  for  any 
deferred  settlejnent;  provided,  that  in  case  any  settlement  is  so  deferred  that 
the  County  Auditor,  in  his  next  report  to  the  Controller  of  State,  shall  in- 
c'ude  therein  all  moneys  required  to  be  reported  since  the  d<tte  of  his  last 
report  upon  which  a  settlement  was  made. 

Sec.  3b67.  Every  County  Treasurer  who  neglects  or  refuses  to  appear  at 
the  office  of  the  Controller  or  Treasurer  at  the  time  specified  in  this  chap- 
ter, and  then  and  there  to  settle  and  make  payment  as  required  by  this  chap- 
ter, forfeits  all  fees,  percentage,  and  mileage  which  would  have  otherwise 
been  due  him  on  such  settlement  ;  and  the  Controller  is  required  to  with- 
hold all  such  fees,  percentage,  and  mileage,  and  require  the  same  to  be  paid 
into  the  Treasury  for  the  use  and  benefit  of  the  State. 

Sec.  3868.  The  Auditor  of  each  county,  between  the  first  and  tenth  day 
of  each  month  in  which  the  Treasurer  of  his  county  is  required  to  settle  with 
the  Controller,  must  m  ike,  in  duplicate,  and  verify  by  his  affidavit,  a  report 
to  the  Contro'ler  of  State,  in  such  form  as  the  Controller  may  desire,  show- 
ing specifically  the  amount  due  the  State  from  each  particular  source  of  reve- 
nue at  the  close  of  business  on  the  last  day  of  the  preceding  month. 

Sec.  3869.  The  Auditor  must  at  once  transmit  by  mail  or  express  to  the 
Controller  one  copy  of  the  report,  and  must  deliver  the  other  copy  to  the 
Treasurer  of  his  county. 

Sec.  3S70.     Every  Auditor  who  fails  to  make  and  transmit  the  report  re- 
quired by  this  chapter,  or  any  report  or  statement  required  by  this  title,  for- 
ftits  all  compensation  which  would  be  otherwise  due  him  from  the  State  ; 
and  the  Controller  is  required  to  withhold  such  compensation. 
26 


402  THE  CONSOLIDATION  ACT. 

Sec.  3S71.  la  the  sett'etnent  th)  Oii.troller  mast  deduct  the  cimmission; 
and  mileage  allowed  to  the  County  Treasurer  for  his  services,  the  State's 
portion  of  the  repayments  made  under  Section  3834,  and  any  other  amount 
due  the  county  or  the  officers  thereof. 

Skc.  3872.  The  manner  of  making  payments  into  the  State  Treasury  is 
prescribed  by  Sections  433,  434,  452,  and  453  of  this  Code. 

Skc.  3873.  The  Controller  must,  after  the  Treasurer  has  made  settlement 
and  payment,  enter  upon  each  copy  of  the  Auiitor's  report  a  statement  show- 
ing : 

1.  The  amount  of  money  by  the  County  Treasurer  paid  into  the  State 
Treasury  ; 

2.  I  he  amounts  deducted  for  commissions  and  other  allowances  ; — 
And  must  then  return  one  copy  of  the  report  to  the  County  Treasurer. 
Sec.  3874.     The  County  Treasurer  must  file  with  the  Auditor  of  his  county 

the  copy  returned  to  him  by  the  Controller. 

Sec.  3875.  The  Auditor  must  then  make  the  proper  entries  in  his  account 
■with  the  Treasurer. 

Sec.  3876.  The  Controller  must,  in  the  settlement,  allow  the  Treasurer 
for  mileage  at  the  rate  of  forly  cents  per  mile  from  the  county  seat  to  the 
Capital  ;  such  mileage  not  to  exceed  at  any  settlement  one  hundred  dollars. 

Seo.  3877.  The  Controller  may  examine  the  books  of  any  officer  charged 
with  the  collection  and  receipt  of  State  taxes. 

Sec.  3878.  If  he  believes  any  officer  has  been  guilty  of  defrauding  the 
State  of  revenue,  or  has  neglected  or  refused  to  perform  any  duty  relating  :o 
the  revenue,  he  must  direct  the  District  Attorney  or  other  counsel  to  prose- 
cute the  delinquent. 

Sec.  3879.  When  any  law  in  relation  to  the  revenue  of  the  State  has  been 
so  far  violated  as  to  require  the  prosecution  of  the  offender  for  a  criminal 
offense,  or  proceedings  against  him  by  civil  action,  the  Controller  may  desig- 
nate the  county  in  which  the  prosecution  or  proceedings  may  be  had. 

Sec.  3880.  The  Controller  or  Attorney-General  may  employ  other  coun- 
sel than  the  District  Attorney,  and  the  expenses  must  be  audited  by  the  Board 
of  Examiners  and  be  paid  out  of  the  State  Treasury. 


CHAPTER  XI. 


MISCELLANEOU:;    PKOVISIONS. 


Sec.  3881.  Omissions,  errors,  or  defects  in  form  in  any  original  or  dupli- 
cate assessment  book,  when  it  can  be  ascertained  therefrom  what  was  in- 
tendc'i,  may,  with  the  written  consent  of  the  District  Attorney,  be  supplied 


THE  X:ONSOLIDATION  ACT.  403 

or  corrected  by  the  Assessor  at  anytime  prior  to  the  sale  for  delinquent 
taxes,  and  after  the  original  assessment  was  made.  In  the  City  and  County 
of  San  Francisco,  the  written  con-sent  of  the  City  and  County  Attorney  shall 
have  the  same  force  and  effect  as  the  written  consent  of  the  District  Attorney. 

Sec.  3882.  \Vhen  the  omission,  error,  or  defect  has  been  carried  into  a 
delinquent  list  or  any  publication,  the  list  or  publication  may  be  repub- 
lished as  anitnded,  or  notice  of  the  correction  may  be  given  in  a  supplemen- 
tary publication. 

Sei'.  3883.  The  publioalion  must  be  mada  in  the  same  manner  as  the 
origiual  publication,  and  for  not  less  than  one  week. 

Sec.  3S81:.  In  the  assessmout  of  Imd,  advertisemgnt,  and  sale  thereof  for 
taxes,  initial  letters,  abbreviations  and  figures  m  ly  be  used  to  designate  the 
township,  range,  section,  or  parts  of  section. 

Sec.  3885.  No  assessment  or  act  relating  to  assessment  or  collection  of 
taxes  is  illen;al  on  account  of  inform  ility,  nor  bec.une  the  same  was  notcooa- 
pleted  within  the  time  required  by  law. 

Sec.  3886.  The  fines,  forfeit'irea,  and  penalties  incurred  by  a  violation  of 
any  of  the  provisions  of  this  Title  must  be  paid  into  the  Treasury  for  the  n-ie 
of  the  county  where  the  person  against  whom  the  recovery  is  had  resides. 

Sec.  3888.  Taxes  must  be  paid  in  leg  il  coin  of  the  United  St  ites.  A  tax 
levied  for  a  special  purpose  may  be  paid  in  such  funds  as  maybe  directed. 

Sec.  3889.  Every  Asse.-sor,  District  Attorney,  and  County  Treasurer  m^^t 
annually,  on  the  first  Monday  of  January,  make  a  settlement  with  the  (bounty 
Auditor  of  all  transactions  connected  with  the  revenue  for  the  previous  year. 

Sec.  3890.  The  Treasurer,  Tax  Collector,  Assessor,  Clerk  of  the  Boirdof 
Supervisors,  and  each  memb?r  of  the  Board  must  separately  perform  the 
duties  required  of  him  in  his  office  and  must  not,  except  in  the  cases  pro- 
vided by  law,  perf  jrm  the  duties  required  of  any  other  officer  under  this 
Title. 

Sec.  3891.  With  relation  to  the  Acts  passed  at  the  present  session  of  the 
Legislature,  the  provisions  of  this  Title  must,  after  this  Title  takes  eff  jct,  be 
construed  as  though  this  Code  had  been  passed  and  approved  on  the  last  day 
of  the  present  session.  But  the  provisions  of  this  section  do  not  apply  to 
any  Act  expressly  amendatory  of  either  of  the  Codes,  or  putting  into  efifect 
any  part  of  either  ;  nor  to  an  Act  approved  March  sixteenth,  eighteen  hun- 
dred and  seventy  two,  entitled  an  .\.ct  to  put  into  imnaliate  effjc',  certain 
parts  of  the  Political  and  Penal  Codes  ;  nor  to  an  Act  approved  M^rch 
twenty-second,  eighteen  hundred  aud  seventy  two,  entitle!  an  Act  to  put  into, 
effect  certain  parts  of  the  Cjdes  and  provide  for  th'iir  publijitiou. 

Sec.  3892.  All  taxes  assessed  before  this  Code  takes  effect  must  be  col- 
lected under  ttie  laws  in  force  at  the  tims  the  assessment  was  made,  and  in 
the  same  manner  as  if  this  Code  had  n  jt  been  passed. 


404  THE  CONSOLIDATION  ACT. 

5-KC.  3893.  The  Board  of  Supervisors  of  each  county  must  make  to  the 
Assessor  and  Auditor  thereof  a  reasonable  allowance,  not  to  exceed  eight 
cents  per  folio,  for  making  the  statements  required  by  Sections  3655  and 
3728,  and  for  making  the  duplicate  assessment  book  mentioned  in  Section 
3732  of  Thk  Political  Code. 

Sec.  3894.  The  Board  of  Supervisors  of  each  county  in  this  State  must 
allow  the  Assessor  thereof  such  a  number  of  deputies,  to  be  appointed  by 
him  in  addition  to  the  number  now  fixed,  or  where  no  deputies  are  now  al- 
lowed, so  many  deputies  as  will,  in  the  judgment  of  the  Board,  enable  the 
Assessor  to  complete  the  assessment  within  the  time  prescribed  by  law. 

Sec.  3895.  The  Board  must  fix  the  compensation  of  the  deputies  so  al- 
lowed ;  and  such  compensation  must  be  paid  out  of  the  General  Fund  in  the 
Ccunty  Treasury.  The  compensation  must  not  exceed  five  dollars  per  day 
for  each  deputy  for  the  time  actually  engaged  ;  nor  must  any  allowance  be 
made  but  for  work  done  between  the  first  Monday  in  March  and  the  first 
Monday  in  July  of  each  year. 

Sec.  3896.  The  Siate  Board  of  Equalization  may,  by  an  order  entered 
upon  its  minutes,  and  certified  to  the  County  Auditor  of  any  county  in  the 
State,  dispense  with  the  duplicate  assessment  book  in  such  county,  ia  which 
event  the  original  assessment  book  shall  perform  all  the  offices  of  such  dupli- 
cate, and  shall  have  like  force  and  effect. 

Sec.  3897.  Whenever  this  Slate  shall  become  the  purchaser  of  property 
sold  for  taxes,  and  shall  receive  a  grant  of  the  same,  the  State. Board  of 
Equalization  may  direct  the  District  Attorney  of  the  county,  or  the  Attorney- 
General,  to  bring  an  action  to  recover  possession  of  the  same.  In  case  of 
judgment  for  the  recovery  of  the  same,  or  of  any  part  thereof,  the  Board  of 
Equalization  may  order  the  property  so  recovered  to  be  sold  by  the  County 
Treasurer,  under  such  regulations  and  on  such  terms  as  they  may  prescribe, 
and  a  grant  from  the  people  of  the  State,  executed  by  the  County  Treasurer 
to  the  purchaser,  reciting  the  facts  necessary  to  authorize  such  sale  and  con- 
veyance, shall  convey  all  the  interest  of  the  State  in  such  property,  and  be 
prima  facie  evidence  of  such  facts.  But  no  bid  shall  be  received  at  such  sale 
for  less  than  twice  the  amount  of  all  the  taxes  leviad  upon  such  property, 
and  of  all  interest,  costs,  and  expenses,  up  to  the  date  of  such  sale. 

Sec.  3898.  In  case  sales  are  made  under  the  provisions  of  tha  next  pre- 
ceding section,  the  proceeds  of  such  sale  shall  be  paid  into  the  County  Treas- 
ury. The  Treasurer  shall  retain  and  distribute  to  the  respective  Funds  the 
portion  belonging  to  the  county,  and  shall  pay  the  balance  to  the  State  Treas- 
uier,  who  must  place  it  in  the  General  Fund.  The  attorney  and  counsel 
fees,  costs,  and  expenses  of  the  litigation  for  the  recovery  of  the  property, 
and  of  sales  by  the  same,  when  audited  by  the  Board  of  Examiners,  must  be 
paid  out  of  the  General  Fund  ;  pravided,  that  the  allowances  in  any  one  case 
shall  not  exceed  the  amount  of  said  balance  in  such  case. 


THE  CONSOLIDATION  ACT.  -105 

Sec.  3899.  The  Controller  may,  at  any  time  after  a  delinquent  list  ha 
been  delivered  to  a  Collector,  direct  such  Collector  not  to  proceed  in  the. 
collection  of  any  tax  on  said  list,  amounting  to  three  hundred  dollars,  further 
than  to  offer  for  sale  but  once  any  property  upon  which  such  tax  is  a  lien. 
Upon  such  direction,  the  Collector,  after  offering  the  property  for  sale  once, 
and  there  being  no  purchaser  in  good  faith,  must  make  out  and  deliver  to  the 
Controller  a  certified  copy  of  the  entries  upon  the  delinquent  list  relative  to 
such  tax  ;  and  the  Tax  Collector,  or  the  Controller,  in  case  the  Tax  Collector 
refuses  or  neglects  for  fifteen  days  after  being  directed  to  bring  suit  for  col- 
lection by  the  Controller,  may  proceed,  by  civil  action  in  the  proper  Court, 
and  in  the  name  of  the  people  of  the  State  of  California,  to  collect  such  tax 
and  costs. 

Sec.  3900.     In  such  action,  a  complaint  in  the  following  form  is  sufficient  : 

(Title  of  Court.) 

The  People  of  the  State  of  California 

vs. 

(Naming  the  defendant.) 

Plaintifif  avers  that  the  defendant  is  indebted  to  plaintiff  in  the   sum  of 

$ ,  State  and  county  taxes  for  the  fiscal  year  18 — ,  with  five  per  cent. 

added  for  the  non-payment  of  such  taxes,  and  dollar.^,  costs  of  collec- 
tion, to  date.  Plaintiff  demands  judgment  for  said  several  sums,  and  prays 
that  an  attachment  may  issue  in  form  as  prescribed  in  section  five  hundred 
and  forty  of  the  Code  of  Civil  Procedure. 

(Signed  by  the  Tax  Collector,  or  Controller,  or  his  attorney.) 

On  the  filing  of  such  complaint,  the  Clerk  must  issue  the  writ  of  attach- 
ment prayed  for,  and  such  proceedings  shall  be  had  thereunder  as  under  writs 
of  attachment  issued  in  civil  actions.  If,  in  such  action,  the  plaintiff  recover 
judgment,  there  shall  be  included  in  such  judgment  an  attorney's  fee  of  ten 
per  cent,  on  the  amount  of  the  tax.  In  such  action,  the  certified  copy  men- 
tioned in  the  preceding  section,  made  by  the  Collector  and  delivered  to  the 
Controller,  is  prima  facie  evidence  that  the  per.sou  against  whose  property 
the  tax  was  levied  is  indebted  to  the  people  of  the  State  of  California  in  the 
amount  of  such  tax.  In  case  of  payment  of  any  such  taxes  after  suit  as 
above  mentioned  shall  have  been  commenced,  or  after  the  recovery  of  judg- 
ment therefor,  such  payment  must  be  made  to  the  County  Treasurer  of  the 
county  in  which  such  taxes  are  due,  whereupon  the  Treasurer,  after  distribu- 
ting to  the  several  Funds  of  the  county  the  portions  belonging  to  it,  and  pay- 
ing to  the  Controller  or  his  attorney  the  portion  received  as  attorney's  fees, 
and  other  costs,  must  pay  the  remiiinder  to  the  State  Treasurer  at  the  times 
and  in  the  manner  prescribed  by  law  for  the  payment  of  other  State  taxes. 


406  THE  CONSOLIDATION  ACT. 


STATUTES  1873-4,   447. 


An  A(.l  i7>  reladcv  (o  the  (o^seii^mdit  ovd  coUedion  cj  {cif(s  ujjOn 
pergonal  property  in  tlie  City  and  County  of  San  D^avcisco. 

[Approved  March  IS,  1874.] 

The  People  of  the  ^latc  of  California,  represented  in  Seriate  and  Assembly,  do 

enact  as  follows: 

Section  1.  The  City  and  County  of  San  Fr&ncisco  is  hereby  exempted 
from  the  provisions  of  (he  Political  Code  relating  to  the  assessment  and 
equalization  of  personal  property  for  taxation,  and  the  collection  of  taxes 
thereon,  but  only  in  so  far  as  to  give  force  and  eii'ect  to  the  provisions  of 
this  Act  hereinafter  contained. 

Sec.  2.  The  Assessor  of  said  City  and  County  must  complete  the  assess- 
ment of  personal  property  on  or  before  the  first  Monday  in  June  in  each 
year,  and  enter  the  same  in  a  separate  assessment  book,  to  be  known  as 
'•  The  Assessment  Book  of  Personal  Propeity."  As  soon  as  completed,  the 
said  assessment  book  muht  be  delivered  to  the  Clerk  of  the  Board  of  Super- 
visors, who  must  immediately  give  notice  thereof,  and  of  the  time  the  Board 
will  meet  to  equalize  said  assessment,  by  publication  in  some  daily  news- 
paper printed  in  said  City  and  County;  and  in  the  mean  time,  until  the 
Board  meets  to  equalize  said  assessments,  the  asse>sment  book  must  remain 
in  his  office,  for  the  inspection  of  all  persons  interested. 

Sec.  3.  The  Board  of  Supervisors  shall  meet  on  the  second  Monday  in 
June,  and  must  examine  and  equalize  said  assessment,  in  the  same  manner 
as  required  by  the  Political  Code,  and  must  complete  the  equalization  of 
said  assessment  on  or  before  the  fourth  Monday  in  June;  and  the  Clerk  of 
the  Board  must  record,  in  a  book  to  be  kept  for  that  purpose,  all  changes, 
corrections,  and  orders  made  by  the  Board,  and,  during  its  session,  must 
enter  in  said  assessment  book  all  changes  and  corrections  made  by  the 
Board,  and  must  deliver  the  said  assessment  book,  so  corrected,  to  the 
Auditor  of  said  City  and  County,  on  the  fourth  Monday  of  June,  with  an 
affidavit,  in  substance  the  same  as  that  required  by  section  three  thousand 
six  hundred  and  eighty-two  of  the  Political  Code. 

Sec.  4.  The  Board  of  Supervisors  must,  on  the  fourth  Monday  of  June, 
fix  the  rate  of  City  and  County  tases  for  the  current  fiscal  year,  and  the 
Auditor  must,  on  or  before  the  second  Monday  of  July,  prepare  and  deliver 
to  the  Tax  Collector  a  copy  of  said  corrected  assessment  book,  to  be  styled 
"Duplicate  Assessment  Book  of  Personal  Property,"  in  which  shall  be 
computed  and  entered,  in  separate  money  columns,  the  respective  sums,  in 
dollars  and  cents,  rejecting  the   fractions  of   a  cent,  to  be  paid  as  a  tax  on 


THE  CONSOLTDATION  ACT.  407 

the  property  tLerein   enumeratcil,  aud  to  wLich   njust  be  attached  bis  aflS- 

davit,  subscribed  and  sworn  to  as  follows:     '•  I,  ,  Auditor  of  the  City 

and  County  of  San  Francisco,  do  swear  that  I  received  the  assessment  book 
of  the  personal  property  of  the  City  and  County  of  San  Francisco,  from  the 
Clerk  of  the  Board  of  Supervisors,  with  his  affidavit  thcrtto  affixed,  and  that 
I  have  corrected  it  and  made  it  conform  to  the  requirements  of  the  Board  of 
Supervisors;  that  I  have  reckoned  the  respective  sums  due  as  taxes,  and 
have  added  up  the  columns  of  valuations  and  taxes,  as  required  by  law,  f  ud 
that  the  copy  to  which  this  affidavit  is  attached  is  a  true,  full,  and  correct 
copy  thereof."  Said  duplicate  assessment  book  must  contain  coluiuns  for 
entry  as  hereinafter  provided,  for  the  State  tax  upon  the  property  therein 
assessed. 

Sec.  5.  The  said  duplicate  assessment  book  must  thereupon  be  delivered 
to  the  Tax  Collector;  aud  all  the  acts  required  by  the  Political  Code  to  be 
performed  by  the  Auditor  and  Tax  Collector  in  relation  to  the  duplicate 
assessment  book  and  the  taxes  therein  mentioned,  must  be  performed  by 
said  officers,  in  relation  to  ttio  assessment  book  herein  provided,  so  far  as  the 
same  can  be  made  applicable. 

Skc.  6.  The  Tax  Collector,  immediately  upon  receiving  said  assessment 
roll,  must  publish  in  one  or  more  of  the  daily  newspapers  of  said  City  and 
County  that  the  taxes  therein  mentioned  are  due  and  payable  at  the  office  of 
the  Tax  Collector  of  said  City  and  County,  and  will  become  delinquent  on 
the  first  Monday  of  August,  and  that  unless  paid  on  or  before  the  last  men- 
tioned date  five  per  cent,  will  be  added  to  the  amount  thereof.  The  Tax 
Collector  may,  at  any  time  after  said  taxes  become  delinquent,  collect  the 
same  by  seizure  and  sale  of  any  personal  property  owned  by  the  delinquett, 
and  iu  proceedings  for  that  purpose  must  be  governed  by  sections  three 
thousand  seven  hundred  and  ninety-one  to  three  thousand  seven  hunared 
and  ninety-six,  inclusive,  of  the  Political  C  jde. 

Sec.  7.  On  the  Wednesday  following  the  fourth  Monday  of  Septomber 
the  Tax  Collector  must  return  the  said  duplicate  assessment  roll  to  the  Au- 
ditor, who  must,  at  the  time  provided  in  the  Political  Code  for  computing 
and  entering  the  State  and  county  taxes,  add  to  or  deduct  from  the  valuation 
of  the  property  enumerated  in  said  assessment  book,  any  per  centum  which 
may  have  been  required  by  the  State  Board  of  Equalization,  and  compute  the 
State  taxes  to  be  paid  on  said  perrional  propertj,  and  enter  the  same,  with  all 
delinquent  taxes  which  may  appear  in  said  book,  in  the  proper  columns. 
After  completing  such  computations  and  entries,  the  Auditor  must  annex  his 
affidavit  to  said  book,  stating  that  he  has  truly  and  correctly  made  all  reduc- 
tions and  additions  required  by  the  State  Board  of  Equalization,  and  com- 
puted, entered,  and  added  all  the  State  taxes,  and  all  the  delinquent  City  and 
County  taxes,  and  the  per  centum  due  on  the  property  therein  enumerated, 
and  return  the  same  to  the  Tax  Collector  at  the  time  when  the  duplicate 
assessment  book  of  taxes  upon  real  estate  is  required  by  law  to  be  delivered. 


•408  THE  CONSOLIDATION  ACT. 

Seo.  8.  The  Tax  Collector  must  collect  said  State  taxes,  and  said  delin- 
quent City  and  County  taxes  and  per  centum,  at  the  time  and  in  the  same 
manner  as  he  is  by  law  required  to  collect  other  State  and  county  taxes. 

Sec.  9.  The  Assessor  may,  at  any  time  prior  to  the  fourth  Monday  in  Oc- 
tober in  each  year,  specially  assess  any  property  which  may  have  been  omit- 
ted and  which  shall  not  be  entered  upon  the  regular  assessment  roll ;  and,  if 
he  makes  any  such  special  assessment,  he  shall  forthwith  deliver  a  copy 
thereof  to  the  Tax  Collector,  and  the  original  to  the  Auditor,  who  shall 
charge  the  Tax  Collector  with  the  amount  of  taxes  due  thereon;  and  all  such 
special  assessments  shall  be  as  valid  and  shall  have  the  same  force  and  effect 
as  regular  assessments. 

Sec.  10.  All  the  provisions  of  the  Political  Code  and  other  laws  relating 
to  State  and  county  revenue,  except  where  they  are  in  conflict  with,  are 
made  part  of  this  Act. 

Sec.  11.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT     CLXIV. 
Civil  Code,  Division  1,  Part  IV,  Title  IV. 


STEEET   EAILEOAD    COrPOEATIONS. 

Sec.  497.  Authority  to  lay  railroad  tracks  through  the  streets  and  public 
highways  of  any  incorporated  city  or  town  may  be  obtained  for  a  term  of 
years,  not  exceeding  fifty,  from  the  Trustees,  Council,  or  other  body  to  whom 
is  intrusted  the  government  of  the  city  or  town,  under  such  restrictions  and 
limitations,  and  upon  such  terms,  and  payment  of  license  tax,  as  the  city  or 
town  authority  may  provide.  In  no  case  must  permission  be  granted  to 
propel  cars  upon  such  tracks  otherwise  than  by  horses,  mules,  or  by  v.ire 
ropes  running  under  the  streets  and  moved  by  stationary  steam  engines,  un- 
less for  special  reasons  as  hereinafter  provided.  ^Amended  March  3,  1876; 
Amendments,  1875-76,  76.] 

Sec.  498.  The  city  or  town  authorities,  in  granting  the  right  of  way  to 
street  railroad  corporations,  in  addition  to  the  restrictions  which  they  are 
authorized  to  impose,  must  require  a  strict  compliance  with  the  following 
conditions,  except  in  the  cases  of  prismoidal  or  other  elevated  railways.  In 
such  cases,  said  railway  shall  bo  required  tn  be  constructed  in  such  a  man- 
ner as  will  present  the  least  obstruction  to  the  freedom  of  the  streets  on 
which  it  may  be  erected,  when  allowed  by  the  granting  power: 

Fimt.  To  construct  their  tracks  on  those  portions  of  streets  designated  in 
the  ordinance  granting  the  right,  which  must  be  as  nearly  as  possible  in  the 
middle  thereof. 


THE  CONSOLIDATION  ACT.  409 

Second.  To  plank,  pave,  or  macadamize  the  entire  length  of  the  street, 
used  by  their  track,  between  the  rails,  and  for  two  feet  on  each  side  thereof, 
and  between  the  tracks,  if  there  be  more  than  one,  and  to  keep  the  same 
fonstfintly  in  repair,  flush  with  the  sireet,  and  with  good  crossings. 

Third.  That  the  tracks  must  not  be  more  than  five  feet  wide  within  the 
rails,  and  must  have  a  space  between  them  sufiBcient  to  allow  the  cars  to  pass 
each  other  freely.     lAmended,  April  3,  1876;  Amendments,  1875-6,  77.] 

Sec.  499.  Two  corporations  may  be  permitted  to  use  the  same  street,  each 
paying  an  equal  portion  for  the  construction  of  the  track;  but  in  no  case 
must  two  railroad  corporations  occupy  and  use  the  same  street  or  track  ior 
a  distance  of  more  than  five  blocks. 

Sec.  500.  Any  proposed  railroad  track  may  be  permitted  to  cross  any 
track  already  constructed,  the  crossing  being  made  as  provided  in  Chapter 
II,  Title  III,  of  this  Part,  In  laying  down  the  tracks  and  preparing  therefor, 
not  more  than  one  block  must  be  obstructed  at  any  one  time,  nor  for  a 
longer  period  than  ten  working  days. 

Sec.  501.  The  rates  of  fare  on  Ihe  cars  must  not  exceed  ten  cents  for  one 
fare,  for  any  distance  under  three  miles.  The  cars  must  be  of  the  most  ap- 
proved construction  for  comfort  and  convenience  of  passengers,  and  provided 
with  brakes  to  stop  the  same,  when  required.  The  rate  of  speed  must  not  be 
greater  than  eight  miles  per  hour.  A  violation  of  the  provisions  of  this  sec- 
tion subjects  the  corporation  to  a  fine  of  one  hundred  dollars  for  each  offense. 
Sec.  502.  Work  to  construct  the  railroad  must  be  commenced  within  one 
year  from  the  date  of  the  ordinal  ce  granting  the  right  of  way  and  the  filing 
of  articles  of  incorporation,  and  the  same  must  be  completed  within  three 
years  thereafter.  A  failure  to  comply  with  these  provisions  works  a  forfeit- 
ure of  the  right  of  way  as  well  as  of  the  franchise,  unless  the  uncompleted 
portion  is  abandoned  by  the  corporation,  with  the  consent  of  the  authorities 
granting  the  right  of  way — such  abandonment  and  consent  to  be  in  writing. 

Sec.  503.  Cities  and  towns  in  or  through  which  street  railroads  run  may 
make  such  further  regulations  for  the  government  of  such  street  railroads 
as  may  be  necessary  to  a  full  enjoyment  of  the  franchise  and  the  enforce- 
ment of  the  conditions  provided  herein. 

Sec.  504.  Any  corporation,  or  agent  or  employee  thereof,  demanding  or 
charging  a  greater  sum  of  money  fcr  fare  on  the  cars  of  such  street  railroad 
than  that  fixed,  as  provided  in  this  Title,  forfeits  to  the  person  from  whom 
such  sum  is  received,  or  who  is  thus  overcharged,  the  sura  of  two  hun'red 
dolfars,  to  be  recovered  in  a  civil  action,  in  any  Justice's  Court  having  juris- 
diction thereof,  against  the  corporation. 

Sec.  .j05.  Every  street  railroad  corporation  must  provide,  and,  on  request, 
furnish  to  all  persons  desiring  a  passage  on  its  cars,  any  required  quantity 
of  passenger  tickets  or  checks,  each  to  be  good  for  one  ride.  Any  corporation 
failing  to  provide  and  furnish  tickets  or  checks  to  any  person  desiring  to 


410  THE  CONSOLIDATION  ACT. 

pmcbiihe  the  same  at  not  exceeding  the  rats  hereinbefore  prescribed,  shall 
forfeit  to  such  person  the  sum  ot  two  huudred  dollars,  to  be  recovered  as 
provided  in  the  preceding  section;  provided,  that  the  provisions  of  this  sec- 
tion shall  not  apply  to  such  street  railroad  corporations  as  charge  but  five 
cents  fare. 

Skc  506.  Upon  the  trial  of  an  action  for  any  of  the  sums  forfeited,  as 
provided  in  the  two  preceding  sections,  proof  that  the  person  demanding  or 
receiving  the  money  as  fare,  or  for  the  sale  of  the  ticket  or  check,  was  at  the 
time  of  making  the  demand  or  receiving  the  money,  engaged  in  an  office  of 
the  corporation,  or  vehicle  belonging  to  the  corporation,  shall  be  prima  facie 
evidence  that  such  person  was  the  agent,  servant  or  employee  of  the  cor- 
poration, to  receive  the  money,  and  give  the  ticket  or  check  mentioned. 

Sec.  507.  In  every  grant  to  construct  street  railroads,  the  right  to  grade, 
sewer,  pave,  and  macadamize  or  otherwise  improve,  alter  or  repair  the  streets 
or  highways,  is  reserved  to  the  corporation,  and  cannot  be  alienated  or  im- 
paired; such  work  to  be  done  so  as  to  obstruct  the  railroad  as  little  as  pos- 
sible, and,  if  required,  the  corporation  must  shift  its  rails  so  as  to  avoid  the 
obstructions  made  thereby. 

Sec.  508.  Each  street  railroad  corporation  must  pay  to  the  authorities  of 
the  city,  town,  county,  or  city  and  county,  as  a  license  upon  each  car,  such 
sum  as  the  authoritiep  may  fix,  not  exceeding  fifty  dollars  per  annum  in  the 
City  of  San  Francisco,  nor  more  than  twenty-five  dollars  per  annum  in  other 
cities  or  towns.  Where  any  street  railroad  connects  or  riins  through  two  or 
more  cities  or  towns,  a  proportionate  or  equal  share  of  such  license  tax  must 
be  paid  to  each  of  the  cities  or  towns;  and  no  such  license  tax  is  due  the 
county  authorities  where  the  same  is  paid  to  any  city  or  town  authoriiy. 

Sec.  509.  The  right  to  lay  down  a  track  for  grading  purposes,  and  main- 
tain the  same  for  a  period  not  to  exceed  three  years,  may  be  granted  by  the 
corporate  authorities  of  any  city  or  town,  or  city  and  county,  or  Supervisors 
of  any  city  or  county,  but  no  such  track  must  remain  more  than  three  years 
upon  any  one  street;  and  it  must  be  laid  level  with  the  street,  and  must  be 
operated  under  such  restrictions  as  not  to  interfere  with  the  use  of  the  street 
by  the  public.  The  corporate  authorities  of  any  city  or  town,  or  city  and 
county,  may  grant  the  right  to  use  steam  or  any  other  motive  power  in  pro- 
pelling the  cars  used  on  such  grading  tract,  when  public  convenience  or 
utility  demands  it,  but  the  reasons  therefor  must  be  set  forth  in  the  ordi- 
nance, and  the  right  to  rescind  the  ordinance  at  any  time  reserved. 

Sec.  510.  Street  railroads  are  governed  by  the  provisions  of  Title  Three 
of  this  Part,  so  far  &a  they  are  applicable,  unless  such  railroads  are  therein 
specially  excepted. 

Sec  511.  When  a  street  railroad  is  constructed,  owned  or  operated  by 
any  natural  person,  this  Title  is  applicable  to  such  person  in  like  manner  as 
it  is  applicable  to  corporation-. 

[For  fares  on  street  railroads  in  cities  and  towns  of  more  than  one  hundred 
thousand  inhabitants,  see  page  27G.] 


THE  CONSOLIDATION  ACT.  411 


s  u  r  r  L  i:  M  E  N  T    c  l  x  v  . 


Lkgislation  dn  the  PuKiJLO  Lands. 
1858,   52. 

An   Ac(  (.■oncernivfj  (he  City  of  San  Froncisco,  and  to  ratify  and 
coiifhm  en  tain  Ordinahct^  (f  the  Common  Council  of  .said  City. 

I  Approved  Marcli  11,  1858. 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.      H7*fr;^a.s,  The  Comiuou  Couueil  of  the  City  of  San  Francisco 
passed  an  ordiuaucc,  ai-proved  by  the  Mayor  un  the  twentieth  day  of  June, 
A.  D.  0U3  thousand  eight  hundred  and  fifty- five,  which  ordinance  is  in  the 
words  aud  figures  following,  to  wit: 
Number  eight  hundred  and  twenty-two —Ordinance  for  the  settlement  and 

quieting  of  the  land  titles  in  the  City  of  San  Franci-sco. 
The  I'eop'e  of  the  City  of  San  Francisco  do  ordain  as  follows: 

Sec.  1.  It  shall  be  the  duty  of  the  Mayor  to  enter,  at  the  proper  land 
ofl&ce  of  the  United  States,  at  the  minimum  price,  all  the  lands  above  the 
nalural  high-water  maik  of  the  Bay  of  San  Francisco,  at  the  time  of  the  ad- 
mission of  California  into  the  Union  as  a  State,  situated  within  the  corporate 
limits  of  the  City  of  San  Francisco,  as  defined  in  the  Act  to  i  corporate  suii 
city,  passed  April  fifteenth,  one  thousand  eight  hundred  and  fifty-one,  in 
trust  for  the  several  use,  benefit  and  behoof  of  the  occupants  or  possessors 
thereof,  according  to  their  respective  interetits. 

Sec.  2.  The  City  of  San  Francisco  hereby  relinquishes  and  grants  all  the 
right  and  claim  of-  the  city  to  the  lands  within  the  corporate  limits,  to  the 
parties  in  the  actual  possession  thereof  by  themselves  or  tenants,  on  or  be- 
fore the  first  day  of  January,  a.  d.  one  thousand  eight  hundred  and  fifty-five, 
to  their  heirs  and  assigns  forever;  excepting  the  property  known  as  the  slip 
property,  and  bounded  on  the  north  by  Clay  street,  on  the  west  by  De.vis 
street,  on  the  south  by  Sacramento  street,  and  on  the  east  by  the  water-lot 
front.  And  excepting,  also,  any  piece  or  parcel  of  land  situated  south,  east 
or  north  of  the  water-lot  front  of  the  City  of  Sm  Francisco,  as  e.'-tabli>he,l  by 
an  Act  of  tb3  Legislature  of  March  twenty-sixth,  a.  d.  one  thousand  eight 
hundred  and  fifty-one;  provided,  such  possession  has  been  continued  up  to 
the  time  of  the  introduction  of  this  ordinance  in  the  Common  Council;  or,  if 
interrupted  by  any  intruder,  or  trespasser,  has  been,  or  may  be,  recovered  by 
legal  process;  and  it  is  hereby  declared  to  be  the  true  intent  and  meaning  of 
this  ordinance,  that  when  any  of  the  said  lands  have  been  occupied  and  pos- 


412  THE  CONSOLIDATION  ACT. 

aessed  nnder  and  by  virtue  of  a  lease  or  demise,  they  shall  be  deemed  to  have 
been  in  the  possession  of  the  landlord  or  lessor  under  whom  they  were  so 
occupied  or  pjsaessed;  provided,  that  all  persons  who  hold  title  to  lands 
within  said  limits  by  virtue  of  any  grant  made  by  any  ayuctamiento,  town 
council,  alcalde  or  justice  of  the  peace  of  the  former  pueblo  of  San  Francisco 
before  the  seventh  day  of  July,  one  thousand  eight  hundred  and  forty-six;  or 
grants  to  lots  of  land  lyinj:;  east  of  Larkin  street  and  northeast  of  Johnston 
street  made  by  any  ayuntamiento,  town  council,  alcalde,  of  said  pueblo, 
since  that  date,  and  before  the  incorporation  of  the  City  of  San  Francis  o 
by  the  State  of  California;  and  which  grant,  or  the  material  portion  thereof, 
was  registered  or  recorded  in  a  proper  book  of  record  deposited  in  the  office, 
or  custody,  or  control  of  the  Recorder  of  the  County  of  San  Francisco,  on  or 
before  the  third  day  of  April,  a.  d.  one  thousand  eight  hundred  and  fifty;  or 
by  virtue  of  any  conveyance  duly  made  by  the  commissioners  of  the  funded 
debt  of  the  City  of  San  Francisco,  and  recorded  on  or  before  the  first  day  of 
January,  one  thousand  eight  hundred  and  fifty-five,  shall,  for  all  the  purposes 
contemplated  by  this  ordinance,  be  deemed  to  be  the  possessors  of  the  land 
BO  granted,  although  the  said  lands  may  be  in  the  actual  occupancy  of  per- 
sons holding  the  same  adverse  to  the  said  grantees. 

Sec.  3.  The  patent  issued,  or  any  grant  made  by  the  United  States  to  the 
city,  shall  inure  to  the  several  use,  benefit  and  behoof  of  the  said  possessors, 
their  heirs  and  assigns,  mentioned  in  the  preceding  section,  as  fully  and 
effectually,  to  all  intents  and  purposes,  as  if  it  were  issued  or  made  direttly 
to  them  individually  and  by  name. 

Sec.  4.  The  city,  however,  as  a  consideration  annexed  to  the  next  two 
preceding  sections,  reserves  to  itself  all  the  lols  which  it  now  occupies,  or 
has  already  set  apart  for  public  squares,  streets,  and  sites  for  school  houses, 
city  hall,  and  other  buildings  belonging  to  the  corporations;  and  also  such 
lots  and  lands  as  may  be  selected  and  reserved  for  streets  and  other  public 
purposes,  under  the  provisions  of  the  next  succeeding  sections. 

Sec.  5.  The  city  shall  have  the  right  to  proceed  to  lay  out  and  open 
streets,  as  soon  as  the  corporation  may  deem  it  expedient,  in  that  part  of  the 
city  west  of  Larkin  street  and  southwest  of  Johnston  street,  and  reserves  the 
right  to  take  possession  of  such  lands  as  it  may  be  necessary  to  occupy  for 
that  purpose,  without  compensation;  and  to  assess,  in  the  manner  provided 
by  the  present  or  any  existing  charter  of  the  city,  upon  the  lands  bounded 
on  such  streets,  the  whole  expense  of  laying  out,  opening,  grading  and  con- 
structing the  same;  and  payment  of  the  costs  of  said  improvements  shall  be 
deemed  a  charge  upon  the  lands  mentioned  in  this  section,  to  which  the  City 
of  Sm  Francisco  relinquishes  her  right  and  title  by  the  second  and  third 
sections  of  this  ordinance. 

Sec.  6.  The  city  shall  also  have  the  right  to  select  and  set  apart,  from  the 
lands  west  of  Larkin  street  and  southwest  of  Johnston  street,  as  many  lots, 
not  exceeding  one  hundred  and  thirty-seven  and  a  half   feet  square  each,  as 


THE  COKSOLIDATION  ACT.  413 

the  Mayor  aud  Corumou  Council  ma)-,  by  ordinance,  determine  to  be  neces- 
sary for  sites  for  school-houses,  hospitals,  fire-engiue-houses,  and  other  pub- 
lic establishments  necessary  and  proper  for  the  use  of  the  corporation;  and 
may  lay  out  and  reserve  upon  the  said  lands,  at  convenient  and  suitable 
points  and  distances,  public  squares,  which  shall  not  embrace  more  than  one 
block,  corresponding  in  size  to  the  adjoining  blocks;  provided,  that  the  se- 
lection shall  be  made  within  six  months  from  the  time  of  the  passage  of  this 
ordinance;  and  that  the  city  shall  not,  without  due  compensation,  occupy, 
for  the  purposes  mentioned  in  this  section,  after  the  laying  out  of  the  streets 
aforesaid,  more  than  one- twentieth  part  of  the  land  in  the  possession  of  any 
one  person;  and  that  such  possessor  shall  voluntarily  assent  thereto;  or,  re- 
fusing to  do  80,  shall  not  be  entitled  to  the  benefit  of  any  concession  con- 
tained in  the  second  and  t^ird  sections  of  this  ordinance. 

Skc.  7.  The  lots  and  lands  reserved  for  the  use  of  the  corporation,  under 
the  provisions  of  the  next  preceding  section,  shall  bo  selected  in  localities 
likely  to  be  most  convenient  and  suitable  for  their  respective  uses,  and  in 
such  proportion  to  the  quantity  in  the  possession  of  the  respective  occupants 
as  to  make  the  apportionment  as  nearly  equal  as  circumstances  will  admit. 

Sec.  8.  The  selection  of  said  lands  and  lots  shall  be  made  by  a  commis- 
sion, to  consist  of  three  persons,  who  shall  be  chosen  by  the  Common  Coun- 
cil, in  joint  convention,  who  shall  report  the  same  to  the  Common  Council 
for  its  approval;  and,  upon  such  approval,  deeds  of  release  to  the  corporation 
for  the  lands  thus  selected  shall  be  executed,  acknowledged  and  recorded,  in 
■which  deeds  shall  be  specified  the  uses  for  which  they  are  granted,  reserved, 
and  set  apart,  respectively. 

Sec.  9,  Although  the  city  hereby  renounces  in  favor  of  the  actual  pos- 
sessors, in  accordance  with  the  provisions  of  section  second,  any  right  or 
claim  of  its  own,  nothing  in  this  ordinance  is  intended  to  prejudice  any  other 
outstanding  title  to  the  said  lands  adverse  to  the  said  possessors. 

Sec.  10.  Application  shall  be  made  to  the  Legislature  to  confirm  and 
ratify  this  ordinance,  and  to  Congress  to  relinquish  all  the  right  and  title  of 
the  United  States  to  the  said  lands,  for  the  uses  and  purposes  hereinbefore 
specified. 

Sec.  11.  Nothing  contained  in  this  ordinance  shall  be  construed  to  pre- 
vent the  city  from  continuing  to  prosecute,  to  a  final  determination,  her 
claim  now  pending  before  the  United  States  Land  Commission,  for  pueblo 
lands,  for  the  several  use,  benefit,  and  behoof,  of  the  said  possessors  men- 
tioned Iq  section  two,  as  to  the  lands  by  them  so  possessed,  and  for  the 
proper  use,  benefit,  and  behoof,  of  the  corporation  as  to  all  other  lands  not 
hereinbefore  released  and  confirmed  to  the  said  possessors. 

Sec.  VI.  That  all  ordinances,  or  parts  of  ordinances,  conflicting  with 
this  ordinance,  or  any  of  its  provisions,  be  and  the  same  are  hereby  repealed. 

[Approved  June  twentieth,  one  thousand  eight  hundred  and  fifty-five. 

S.  P.  Webb,  Mayor.] 


414  THE  CONSOLIDATION  ACT. 

And  whereas,  the  Huiil  Common  Council  passcl  another  ordinance,  ap- 
proved by  the  Mayor  of  said  city,  September  twenty  seventh,  A.  D.  one 
thousand  eight  hundred  and  fifty-tive,  which  last  mentioned  ordinance  is  in 
the  words  and  figures  following,  to-wit: 

Number  eight  hundred  and  forty-five — Ordinance  providing  for  selecting  and 
designating  piiblic  squares  and  reservations  for  hospitals,  fire-engines, 
and  school  purposes,  and  for  adopting  the  plan  of  streets  in  the  western 
and  southwestern  portion  of  the  city,  according  to  the  provisions  of 
ordinance  number  eight  hundred  and  twenty-two,  and  confirmatory  of 
said  ordinance  number  eight  hundred  and  twenty-two. 
The  People  of  the  City  of  San  Francisco  do  ordain  as  follows  : 

Section  1.  Under  and  by  virtue  of  the  provisions  of  the  ordinance  of  the 
Common  Council  number  eight  hundred  and  twenty.-two,  entitled  "  an  ordi- 
nance for  the  settlement  and  quieting  of  land  titles  in  the  City  of  San  Fran- 
cisco, approved  June  t.ventieth,  one  thousand  eight  hundred  and  fifty-five," 
the  Board  of  Aldermen  and  Board  of  Assistant  Aldermen  shall  meet  in  joint 
convention,  at  their  next  regular  meeting  after  the  passage  of  this  ordinance, 
and  proceed  to  elect  three  commissioners,  who  shall  have  the  powers,  and 
proceed  to  discharge  the  duties  specified  in  section  eight  of  said  ordinance 
number  eight  hundred  and  twenty-two. 

Sec.  2.  It  shall  be  the  duty  of  the  City  Surveyor,  acting  in  conjunction 
witU  the  said  commissioners,  and  with  their  conciirrence,  to  furnish,  by  way 
of  recommendation  to  the  Common  Council,  within  one  month  from  the  date 
of  their  appointment,  a  plan  for  the  location  and  dimensions  of  the  streets  to 
be  laid  out  within  the  city  limits,  west  of  Larkin,  and  southwest  of  Johnston 
streets,  upon  which  plan  shall  also  be  designated  the  lots  and  grounds  se- 
lected by  the  said  commissioners  for  the  use  of  the  city  under  the  provisions 
of  the  aforesaid  ordinance  number  eight  hundred  and  twenty-two;  provided, 
that  the  compensation  of  said  commissioners  shall  not  exceed  the  sum  of  one 
hundred  dollars  each,  payable  when  the  Common  Council  may  legally  make 
an  appropriation  therefor. 

Sec.  3.  The  said  ordinance  number  eight  hundred  and  twenty-two,  re- 
ferred to  in  the  preceding  .section  one,  is  hereby  re  ordained,  ratifiei,  and 
confirmed  in  all  its  parts. 

[Approved  September  twenty-seventh,  one  thousand  eight  hundred  and 
fifty- five.  James  Van  Ness,  Mayor.] 

And  whereas,  in  pursuance  of  the  aforesaid  ordinancss,  commissioners  were 
appointed  by  the  Common  Council,  who  in  conjunction  with  the  City  Sur- 
veyor of  said  city,  agreed  upon  and  reported,  for  the  approval  of  the  Com- 
mon Council,  a  plan  for  the  location  of  streets,  public  squares,  and  lots  for 
public  uses,  to  be  laid  out  west  of  Larkin  and  southwest  of  Johnston  streets, 
in  said  city,  accompanied  by  a  map  of  the  same,  which  said  plan  and  map 
was,  by  the  Justices  of  the  Peace,  exercising  the  powers  of  a  Board  of  Super- 
visors of  the  City  and  County  of  San  Francisco,  adopted,  approved,  and 
ratified  by  an  order  bearing  date  the  sixteenth  day  ot  October,  A.  D.  one 


THE  CONSOLIDATION  ACT.  415 

thousand  fight  hunclred  and  fifty-six,  which  is  in  the  words  and  figures  fol- 
lowing, to- wit  : 

The  Board  of  Supervisors  of  (he  City  and  County  of  Sun   Francisco  do  ordain 

as  foll'jics  : 

Section  1.  That  the  plan  or  map  of  the  Western  Addition,  reported  by 
the  commission  created  under  an  ordinance  of  the  hist  Common  Council  of 
the  City  of  San  Francisco,  be  ado^tid  by  tbis  Board,  and  be  declared  to  be 
the  plan  of  the  city,  in  respect  to  the  location  and  establishment  of  streets 
and  avenues,  and  the  reservation  of  squqres  and  lots  for  public  purposes  in 
that  portion  of  the  then  incorporated  limits  of  said  city,  lying  west  of  Larkiu 
and  southwest  of  Johnston  streets. 

Be  it  therefore  enacted,  that  the  within  and  before  recited  order  and  ordi- 
nances be,  and  the  fame  are  hereby,  ratified  and  confirmed;  and  all  the  land 
entered,  or  to  be  entered,  in  the  United  States  Land  Office,  in  pursuance  of 
section  one  of  the  first  recited  of  said  ordinances,  in  trust,  shall  pass  and 
inure  to,  and  be  deemed  to  have  immediately  vested  in  the  occupants  thereof, 
for  their  several  use  and  benefit,  according  to  their  respective  interests,  in 
execution  of  the  trust  designated  in  an  act  of  Congress,  entitled  an  act  for 
the  relief  of  citizens  of  towns  upon  the  public  lands  of  the  United  States,  ur- 
der  certain  circumstances,  approved  May  twenty-third,  one  thousand  eight 
hundred  and  forty-four,  as  extended  and  applied  by  an  act  of  Congress,  en- 
titled an  act  to  provide  for  the  survey  of  the  public  lands  in  California,  the 
granting  of  pre-emption  rights  therein,  and  for  other  purpose^^,  approved 
March  third,  one  thousand  eight  hundred  and  fifty-three;  and  it  shall  be  the 
duty  of  all  courts  and  officers  to  take  judicial  notice  of  the  said  order  and 
ordinances,  as  hereinbefore  recited,  without  further  proof,  as  fully  and  ef- 
fectually, to  all  intents  and  purposes,  as  it  they  were  public  acts  of  the  State 
Legislature. 

Sec.  2.  That  the  grant  or  relinquishment  of  title  made  by  tbe  said  city 
in  favor  of  the  several  possessors,  by  sections  two  and  three  of  the  ordinance 
first  above  recited,  shall  take  effect  as  fully  and  complete!}',  for  the  purpose 
of  transferring  the  city's  interest,  and  for  all  other  purposes  whatsoever,  as 
if  deeds  of  release  and  quit-claim  had  been  duly  executed  and  delivered  to 
and  in  favor  of  them  individually  and  by  name;  and  no  farther  conveyance  or 
other  act  shall  be  necessary  to  invest  the  said  possessors  with  all  the  interest, 
title,  rights,  benefits,  and  advautagos,  which  the  said  order  and  ordinances  in- 
tend or  purport  to  transfer  or  convey,  according  to  the  true  intent  and  meanin;,' 
thereof  ;  provided,  that  nothin/  in  this  act  shall  be  so  construed  as  to  release 
the  City  of  San  Francisco,  or  City  and  County  of  San  Francisco,  from  the 
payment  of  any  claim  or  claims  due  or  to  become  due  this  State  against  s^iid 
City,  or  City  and  County,  nor  to  effect  or  release  to  said  City  and  County 
any  title  this  State  has  or  may  have  to  any  lands  in  said  City  an  I  County  jf 
San  Francisco. 


41G  THE  CONSOLIDATION  ACT. 


An  Ad  to  expedite  the  Settlement  of  Titles  to  Lands  in  the  State 

of  California. 

f  Approved  July  1,  1804.] 

Sec.  1.     Beit  enacted  by  the  Senainnd  Houxe  of  Representatives  of  the  United 
Slates  of  America,   in   Congress  assembled,     That    whenever   the   Surveyor- 
General  of  California  shall,  in  compliance  with  the  thirteenth  section  of  an 
Act  entitled  "  An  Act  to  ascertain  and  settle  the  Private  Land  Claims  in  the 
btiite  of  California,"  approved  March  third,  eighteen  hnndrel  and  fifty-one, 
have  caused  any  private  land  claim  to  be  surveyed  and  a  plat  to  be  made 
thereof,  he  shall  give  notice  that  the  same  has  been  done  by  a  publication, 
once  a  week  for  four  consecutive  weeks,  in  two  newspapers,  one  published 
in  the  City  of  San  Francisco  and  one  published  near  the  land  surveyed;  and 
shall  retain  in  his  office,  for  public  inspection,  the  survey  and  plat  until 
ninety  days  from  the  date  of  the  first  publication  in  San  Francisco  shall 
have  expired;  and  if  no  objections  are  made  to  said  survey,  he  shall  approve 
the  same,  and  transmit  a  copy  of  the  survey  and  plat  thereof  to  the  Com- 
missioner of  the  General  Land  Ofi&ce  at  Washington,  for  his  examination 
and   approval;  but  if   objections  are  made  to  said  survey  within  the  said 
ninety  days,  by  any  party  claiming  to  have  an  interest  in  the  tract  embraced 
by  the  survey,  or  in  any  part  thereof,  such  objections  shall  be  reduced  to 
writing,  stating  distinctly  the  interest  of  the  objector,  and  signed  by  him  or 
his  attorney,  and  filed  with  the  Surveyor-General,  together  with  such  affida- 
vits or  other  proofs  as  he  may  produce  in  support  of  the  objections.     At  the 
expiration  of  said  ninety  days,  the  Surveyor-General  shall  transmit  to  the 
Commissioner  of  the  General  Land  Office  at  Washington  a  copy  of  the  sur- 
vey and  plat,  and  objections,  and  proofs  filed  with  him  in  support  of  the  ob- 
jections, and  also  of  any  proofs  produced  by  the  claimant  and  filed  with  him 
in  support  of  the  survey,  together  with  his  opinion  thereof;  and  if  the  survey 
and  plat  are  approved  by  the  said  Commissioner,  he  shall  endorse  thereon  a 
certificate  of  his  approval.     If  disapproved  by  him,  or  if,  in  his  opinion,  the 
ends  of  justice  would  be  subserved  thereby,  he  may  require  a  further  report 
from  the  Surveyor-General  of  California,  touching  the  matters  indicated  by 
him,  or  proofs  to  be  taken  therecn,  or  may  direct  a  new  survey  and  plat  to 
be  made.     Whenever  the  objections  are  disposed  of,  or  the  survey  and  plat 
are  corrected,  or  a  new  survey  and  plat  are  made  in  conformity  with  his 
directions,  he  shall  endorse  upon  the  survey  and  plat  adopted  his  certificate 
of  approval.     After  the  survey  and  plat  have  been,  as  hereinbefore  provided, 
approved  by  the  Commissioner  of  the  General  Land  Office,  it  shall  be  the 
duty  of  the  said  Commissioner  to  cause  a  patent  to  issue  to  the  claimant  as 
soon  as  practicable  after  such  approval. 

Sec.  2.     And  be  it  further  enacted,  That  the  provisions  of  the  preceding 


THE  CONSOLIDATION  ACT.  41T 

section  shall  apply  to  all  surveys  and  plats  by  the  Surveyor-General  of  Cali- 
fornia heretofore  made,  which  have  not  already  been  approved  by  one  of  the 
District  Courts  of  the  United  States  for  California,  or  by  the  Commissioner 
of  the  General  Land  Office;  provided,  that  where  proceedings  for  the  correc- 
tion or  confirmation  of  a  survey  are  pending  on  the  passage  of  this  Act  in 
one  of  the  said  District  Courts,  it  shall  be  lawful  for  such  District  Court  to 
proceed  and  complete  its  examination  and  determination  of  the  matter,  and 
its  decree  thereon  shall  be  subject  to  appeal  to  the  Circuit  Court  of  tbe^ 
United  States  for  the  District,  in  like  manner  and  with  like  effect  as  hereaf- 
ter provided  for  appeals  in  other  cases  to  the  Circuit  Court;  and  such  ap- 
peals may  be  in  like  manner  disposed  of  by  said  Circuit  Court. 

Sec.  3.  Ati'l  be  it  farther  enacted,  That  where  a  plat  and  survey  have 
already  been  approved  or  corrected  by  one  of  the  Districts  Courts  of  the 
Uuited  States  for  Californiii,  and  an  appeal  from  the  decree  of  approval  or 
correction  has  ah'eady  been  taken  to  the  Supreme  Court  of  the  United  States,, 
the  said  Supreme  Court  shall  have  jurisdiction  to  hear  and  determine  th& 
appeal.  But  where,  from  such  decree  of  approval  or  correction,  no  appeal 
has  been  taken  to  the  Supreme  Court,  no  appeal  to  that  Court  shall  be 
allowed,  but  an  appeal  may  be  taken  within  twelve  months  after  this  Act 
shall  take  tli'ect  to  the  Circuit  Court  of  the  United  States  for  California,  and 
said  Circuit  Court  shall  proceed  to  to  fully  determine  the  matter.  The  said 
Circuit  Court  shall  have  power  to  confirm,  or  reverse,  or  modify  the  action 
of  the  District  Court,  or  order  the  case  back  to  the  Surveyor-General  for  a 
new  survey.  When  the  case  is  ordered  back  for  a  new  survey,  the  subse- 
quent survey  of  the  Surveyor-General  shall  be  under  the  supervision  of  the 
Commissioner  of  the  General  Land  Office,  and  not  of  the  District  or  Circuit 
Court  of  the  United  States. 

Sec.  4.  And  he  it  further  enacted,  That  whenever  the  District  Judge  of 
any  one  of  the  District  Courts  of  the  United  States  for  CaliforuiaJ  is  interested 
in  any  land,  the  claim  to  which,  under  the  said  Act  of  March  third,  eighteen 
hundred  and  fifty-one,  is  pending  before  him,  on  appeal  from  the  Board  of 
Commissioners  created  by  said  Act,  the  said  District  Court  shall  order  a  case 
to  be  transferred  to  the  Circuit  Court  of  the  Uuited  States  for  California, 
which  Coirrt  shall  thereupon  take  jurisdiction  and  determine  the  same. 
The  said  District  Court  may  also  order  a  transfer  to  the  said  Circuit  Court  of 
any  other  cases  arising  under  said  Act,  pending  before  them,  affecting  the 
title  to  lands  within  the  corporate  limits  of  any  city  or  town,  and  in  such 
cases  both  the  District  and  Circuit  Judges  may  sit. 

Sec.  5.  And  be  it  further  enacted.  That  all  the  right  and  title  of  the  United 
States  to  the  lands  within  the  corporate  limits  of  the  City  of  San  Francisco, 
as  defined  in  the  Act  incorporating  said  City,  passed  by  the  Legislature  of 
the  State  of  California,  on  the  fifteenth  of  April,  one  thousand  eight  hun- 
dred and  fifty-one,  are  hereby  relinquished  and  granted  to  the  said  City  and 
its  successors,  for  the  uses  and  purposes  specified  in  the  Ordinances  of  said, 
•27 


4)8  THE  CONSOLIDATION  ACT. 

City,  ratified  by  an  Act  of  the  Legislature  of  the  said  State,  approved  on  the 
eleventh  of  Mirch,  sightat-n  hundred  and  fifty-eight,  entitled  "  An  Act  con- 
cerning the  City  of  Sin  Francisco,  and  to  ratify  and  confirm  certain  Ordi- 
nances of  the  Common  Council  of  the  City,"  there  being  excepted  from 
this  relinquishment  and  grant  all  sites  or  other  parcels  of  lands  which 
have  Veen,  or  now  are,  occupied  by  the  United  States  for  military,  naval,  or 
other  public  uses,  or  such  other  sites  or  parcels  as  may  hereafter  be  desig- 
nated by  the  President  of  the  United  States,  within  one  year  after  the  rendi- 
tion to  the  Gen(  ral  Lnnd  Office,  by  the  Surveyor-General,  of  an  approval  plat 
of  the  exterior  limits  of  San  Francisco,  as  recognized  in  this  section,  in  con- 
nection with  the  lines  of  the  public  surveys;  and  provided,  that  the  relin- 
quishment and  grant  by  this  Act  shall  in  no  manner  interfere  with  or  preju- 
dice any  bona  fide  claims  of  others,  whether  asserted  adversely  under  rights 
deiived  from  Spain,  Mexico,  or  the  laws  of  the  United  States,  nor  preclude 
a  judicial  examination  and  adjustment  thereof. 

Sec.  6.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the  Surveyor- 
General  of  California  to  cause  all  the  private  land  claims  finally  confirmed  to 
be  made,  whenever  requested  by  the  claimants;  provided,  that  each  claimant 
requesting  a  survey  and  plat  shall  first  deposit  in  the  District  Court  of  the 
Disirict  within  which  the  land  is  situated  a  sufficient  sum  of  money  to  pay 
the  expenses  of  such  suivey  and  plat,  and  of  the  publication  required  by  the 
first  section  of  this  Act.  ^Vhenever  the  suivey  and  plat  requested  shall  have 
been  comDleted  and  forwarded  to  the  Commissioner  of-  the  General  Land 
Office,  as  required  by  this  Act,  the  District  Court  may  direct  the  application 
of  the  money  deposited,  or  so  much  thereof  as  may  be  necessary,  to  the 
payment  of  the  expenses  of  said  survey  and  publication. 

Sec.  7.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the  Surveyor- 
General  of  California,  in  making  surveys  of  the  private  land  claims  finally 
confirmed,  to  follow  the  decree  of  confirmation  as  closely  as  practicable  when- 
ever such  decree  designates  the  specific  boundaries  of  the  claim.  But  when 
such  decree  designates  only  the  out-boundaries  within  which  the  quantity 
confirmed  is  to  be  taken,  the  location  of  such  qu^nity  shall  be  made,  as  near 
as  practicable,  in  one  tract  and  in  compact  form.  And  if  the  character  of  the 
lai  d,  or  inttrvening  grants,  be  such  as  to  render  the  location  impracticable 
in  one  tract,  then  each  separate  location  shall  be  made,  as  near  as  practica- 
ble, in  a  compact  form.  And  it  shall  be  the  duty  of  the  Commissioner  of  the 
General  Land  Office  to  require  a  substantial  ( ompliance  with  the  directions 
of  this  tieclion  before  approving  any  survey  and  plat  forwarded  to  him. 

Sec.  8  A  d  be  il  further  enacted.  That  the  Act  entitled  "An  Act  to  amend 
an  Act  entitled  'An  Act  to  define  and  regulate  the  juiisdiction  of  the  District 
Courts  of  the  United  States  in  California,  in  regard  to  the  survey  and  location 
of  tonfi  u:(d  Piivate  Land  Claims,'  "  approvid  June  fourteen,  eighteen  hun- 
dr<  d  »i  d  sixty,  and  all  piovisions  of  law  inconsistent  with  this  Act,  are  here- 
by rei  ealed 


THE  CONSOLIDATION  ACT.  419 


Final  Decree  confirming  the  claim  of  the  City  of  San  Francisco  to 
its  Pueblo  Lands,  entered  May  ISth,  1865. 

The  City  of  San  Fbancisco 

vs. 
The  United  States. 

The  appeal  in  this  case  taken  by  th6  petitioner,  the  City  of  San  Francisco, 
from  the  decree  of  the  Board  of  Land  Commissioners  to  ascertain  and  settle 
private  land  claims  in  the  State  of  California,  entered  on  the  twenty-first  day 
December,  1854,  by  which  the  claim  of  the  pttitioner  was  adjudged  to  be 
valid,  and  confirmed  to  lauds  within  certain  described  limits,  coming  on  to 
be  heard  upon  the  transcript  of  proceedings  and  decision  of  said  Board,  and 
the  papers  and  evidence  upon  which  t^aid  decision  was  founded,  and  furthfr 
evidence  taken  in  the  District  Court  of  the  United  States  for  the  Northern 
District  of  California  pending  said  appeal — the  said  case  having  been  trans- 
ferred to  this  Court  by  order  of  the  said  District  Court,  under  the  provisions 
of  section  four  of  the  Act  entitled,  "An  Act  to  expedite  the  settlement  of  titles, 
to  lands  in  the  State  of  California,"  approved  July  1st,  18C4, — and  counsel 
of  the  United  States  and  for  the  petitioner  having  been  beard,  and  due  de- 
liberation had,  it  is  ordered,  adjudged  and  decreed  that  the  claim  of  the  pe- 
titioner, the  City  ol  San  Francisco,  to  the  land  hereinafter  described,  is  valid, 
and  tbat  the  same  be  confirmed. 

The  land  of  which  confirmation  is  made  is  a  tract  situated  within  the 
County  of  San  Francisco  and  embracing  so  much  of  the  extreme  upper  por- 
tion of  the  peninsula  above  ordinary  h'gh-water  mark  (as  the  same  existed 
at  the  date  of  the  conquest  of  the  country,  namely,  the  seventh  of  July,  A.  D. 
1846),  on  which  the  City  of  t^an  Francisco  is  situated,  as  will  contain  an  area 
of  four  square  leagues — said  tract  being  bounded  on  the  north  and  east  by 
the  Bay  of  San  Francisco,  on  the  west  by  the  Pacific  Ocean,  and  on  the 
south  by  a  due  east  and  west  line  drawn  so  as  to  include  the  area  aforesaid, 
subject  to  the  following  deductions,  namely:  such  parcels  of  laud  a)  have 
been  heretofore  reserved  or  dedicated  to  public  uses  by  the  United  States, 
and  al^o  such  parcels  of  lands  as  have  been  by  grants  from  lawful  authority 
vested  in  private  proprietorship,  and  have  been  finally  confirmed  to  parties 
claiuiing  thereunder,  by  said  tribunals,  in  procef  dings  now  pending  ihereiu 
for  that  purpose;  all  of  which  said  excepted  parcels  of  lund  are  included 
within  the  area  of  four  square  leagues  above  n  entioned,  but  are  excluded 
from  the  confirmation  to  the  City.  This  confirmation  la  in  trust  for  lUe 
benefit  of  the  lot-holders  under  grants  frym  the  PurDlo.  Town,  or  Ciiy  of  • 
San  Francisco,  or  other  competent  authority,  ami  as  to  au>  residue,  in  tiust 
for  the  use  and  benefit  tf  the  inbabitants  or  the  City. 

FIELD,  Circuit  Judg.  . 

San  Francisco,  May  18th,  1865. 


420  THE  CONSOLIDATION  ACT. 

SUPPLEMENT     CLXVI 
1869-70,  353. 


An  Act  to  expedite  the  settlement  of  land  titles  in  the  City  and 
County  of  San  Francisco,  atid  to  ratify  and  confirm  the  acts 
and  proceedings  of  certain  of  the  authorities  thereof. 

1  Approved  March  14,  1870.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows  : 

Section  1.  Upon  receiving  a  petition  from  any  person  or  persons,  claim- 
ing that  they,  by  themselves,  their  tenants,  or  the  persona  through  whom, 
they  claim  or  derive  possession,  have  been,  from  and  including  the  eighth 
day  of  March,  Anno  Domini  eighteen  hundred  and  sixty-six  (186G),  and 
still  are,  in  the  possession  of  any  of  the  lands  without  the  corporate  limits 
of  the  City  of  San  Francisco,  as  defined  in  an  Act  to  reincorporate  said  city, 
passed  by  the  Legislature  of  the  State  of  California  on  the  fifteenth  day  of 
April,  Anno  Domini  eighteen  hundred  and  fifty-one  (1851),  and  described 
in  the  decree  of  Justice  Field,  of  the  United  States  Circuit  Court,  confirm- 
ing the  claim  of  the  City  and  County  of  San  Francisco,  entered  November 
second,  Anno  Domini  eighteen  hundred  and  sixty-four  (1864),  in  the  Cir- 
cuit Court  of  the  United  States  for  the  Northern  District  of  the  State  of 
California,  and  that  they,  or  the  persons  through  whom  they  claim  or  derive 
possession,  have  paid  to  the  Tax  Collector  of  the  City  and  County  of  San 
Francisco  the  amount  assessed  by  the  Outside  Land  Committee  upon  the 
land  described  in  said  petition,  to  pay  for  land  reserved  for  public  use, 
provided  for  in  section  ten  (10)  of  Order  Eight  Hundred  (800),  and  also 
paid  the  taxes  mentioned  in  section  four  (4)  of  said  order,  and  all  the  taxes 
levied  on  said  lands  for  State  and  municipal  purposes  now  due  and  remain- 
ing unpaid;  or,  upon  receiving  a  petition  from  any  person  or  persons,  set- 
ting forth  that  said  petitioners,  by  themselves,  their  tenants,  or  the  persons 
through  whom  they  claim  or  derive  possession,  were,  on  or  before  the  first 
(1st)  day  of  January,  Anno  Domini  eighteen  hundred  and  fifty-five  (1855), 
to  and  including  the  twentieth  (20th)  day  of  June,  Anno  Domini  eighteen 
hundred  and  fifty-five  (1855),  and  still  are,  in  possession  of  the  land  de- 
scribed in  said  petition,  embraced  within  the  corporate  limits  of  the  City  o 
San  Francisco,  and  above  high  water  mark,  as  defined  in  the  Act  to  incorpo- 
rate said  city,  passed  by  the  Legislature  of  the  State  of  California,  on  the 
fifteenth  (15th)  day  of  April,  Anno  Domini  eighteen  hundred  and  fifty-one 
(1851);  and  such  petition  in  either  case  setting  forth  that  such  lands  have 
not  been  sold,  leased,  dedicated,  reserved  or  conveyed  by  authority  of    the 


THE  CONSOLIDATION  ACT.  421 

said  City  and  County  of  Sau  Franoisco,  or  the  Uait^d  States,  to  any  one,  or 
for  any  purpose,  and  asking  for  a  grant  from  said  city  and  county,  the 
Board  of  Supervisors  shall  proceed  to  act  thereon  as  hereinafter  provided. 
This  petition  shall  be  verified  by  the  oath  or  affirmation  of  the  party  in 
whose  behalf  the  petition  is  presented,  or  by  some  one  acting  as  his  agent, 
and  conversant  with  the  facts  detailed  in  the  petition. 
Sec.  2.  All  petitions  mentioned  in  the  first  section  of  this.  Act  shall  be 
.referred  to  the  Committee  on  Outside  Lands.  The  Clerk  of  the  Board  of 
Supervisors  shall  be  the  Clerk  of  the  Outside  Land  Committee.  The  party 
presenting  the  said  petition  may  appear  before  said  Clerk  and  make  proof, 
verbal  and  documentary,  of  the  truth  of  the  matters  alleged  in  his  petition. 
Copies  of  the  documentary  evidence  shall  be  filed  wiih  said  Clerk,  and  the 
oral  testimony  shall  be  reduced  to  writing  by  said  Clerk  and  subscribed  by 
the  witness.  The  proofs  of  the  ijetitioner  being  closed,  the  said  committee 
shall  proceed  to  coubider  the  same,  and  shall  make  such  report  and  recom- 
mendation thereon  as  to  them  shall  seem  just  and  proper  in  the  premises. 
The  said  committee  shall  file  with  the  Clerk  of  the  Board  of  Supervisors  the 
testimony  taken  as  aforesaid,  together  with  the  report  of  the  said  commit- 
tee, and  said  report  shall  be  submitted  to  the  Board  of  Supervisors  for  their 
approval,  and  if,  in  their  judgment,  the  claim  of  the  petitioner  is  well 
founded,  they  shall,  by  an  order  entered  in  their  minutes,  adjudge  and 
award  a  grant  of  such  lands  to  the  petitioner  or  petitioners  therefor,  less  the 
amount  reserved  for  public  use.  The  said  Board  shall  thereupon  give  pub- 
lic notice  of  their  award  by  notice,  published  at  least  once  a  week  for  three 
successive  weeks,  in  some  daily  newspaper  published  in  the  City  and 
County  of  San  Francisco,  which  notice  shall  specify  the  name  of  the  appli- 
cant, the  date  and  filing  of  his  petition,  and  the  tract  of  land  awarded,  by  a 
good  and  sufficient  description  thereof;  proof  of  publication  of  such  notice 
shall  be  made  in  the  manner  now  or  hereafter  required  by  law  for  the  proof 
of  publication  in  civil  process.  The  Clerk  of  the  said  committee  shall  be 
allowed  compensation,  for  taking  the  oath  or  affirmation  of  witnesses, 
twenty-five  cents;  and  for  reducing  the  testimony  to  writing,  twenty  cents 
a  folio,  which  shall  be  in  full  for  all  services  rendered  by  him  as  Clerk  of 
said  committee.  The  compensation  herein  allowed  to  the  Clerk  of  said 
committee  shall  be  paid  to  said  Clerk  by  the  party  presenting  the  petition. 

Sec.  3.  Upon  receiving  proof  of  the  publication  of  the  notice  provided 
for  in  the  second  section  hereof,  and  the  payment  of  all  necessary  expenses 
for  deeds,  the  Mayor  of  the  City  and  County  of  San  Francisco  is  hereby 
authorized  and  empowered  to  execute,  acknowledge  and  deliver  to  the  party 
or  parties  presenting  the  aforesaid  petition,  a  deed  of  conveyance  of  the 
tract  or  lot  of  land  as  aforesaid,  adjudged  and  awarded  to  the  petitioner, 
and  attach  thereto  the  corporate  seal  of  the  City  and  County  of  San  Fran- 
cisco; provided,  the  petitioner  or  petitioners  shall,  before  receiving  a  deed 
as  aforesaid,  be  required  to  quit-claim  and  peaceably  deliver  the  possession 


422  THE  CONSOLIDATION  ACT. 

of  all  land  claimed  by  said  petitioner  or  petitioners,  reserved  by  the  Com- 
missioners acting  under  Ordinance  Eight  Hundred  and  Twenty-two  (822), 
and  all  those  lands  reserved  by  the  Committee  of  the  Board  on  Outside 
Lands  for  the  use  and  benefit  of  the  City  and  County  of  San  Francisco; 
provided,  however,  that  in  case  a  suit  shall  be  pending  between  the  peti- 
tioner and  some  third  person,  involving  the  right  of  possession  of  the  tract, 
or  some  portion  thereof,  petitioned  for,  and  such  third  person  shall  file  with 
the  Clerk  of  the  Board  of  Supervisors  a  copy  of  the  complaint  filed  in  such 
action,  before  the  deed  shall  have  been  executed  and  delivered  to  the  peti- 
tioner, and  also  competent  proof  that  such  third  persons,  or  the  persons 
through  whom  they  claim  or  derive  possession,  have  paid  the  taxes  and 
assessments  mentioned  in  the  first  section  of  this  Act,  then  and  in  that  case 
the  deed  shall  be  withheld  until  such  suit  shall  be  finally  determined;  and 
there  shall  thereafter  be  executed  a  deed  of  conveyance  of  so  much  of  the 
tract  of  laud  as  shall  be  involved  in  the  said  suit,  to  the  party  in  whose 
favor  the  said  suit  shall  be  finally  determined  as  aforesaid;  provided  further, 
that  the  expenses  hereinafter  provided  for  shall  be  paid  before  such  convey- 
ance shall  be  delivered. 

Sec.  4.  Upon  the  filing  of  a  petition,  as  hereinbefore  provided,  the  peti- 
tioner shall  deposit  with  the  Clerk  of  the  Board  of  Supervisors  a  sum  of 
money  sufficient  to  pay  for  the  publication  of  the  notice  hereinbefore  pro- 
vided, and  other  expenses  incident  to  the  granting  of  the  prayer  of  the 
petitioner.  But  the  Clerk  shall  not  receive  on  file  any  petition  that  shall 
not  be  in  conformity  with  the  provisions  of  this  Act. 

Sec.  5.  A  conveyance  executed  and  delivered  in  pursuance  of  the  pro- 
visions of  this  Act  shall  operate  as  an  acknowledgment  on  the  part  of  the 
said  city  and  county,  that  the  title  to  the  land  therein  described  has  passed 
under  and  by  virtue  of  said  Order  Number  Eight  Hundred  (800),  or  of  said 
Ordinance  Number  Eight  Hundred  and  Twenty-two  (822),  as  the  case  may 
be,  and  also  under  and  by  virtue  of  the  several  Acts  of  Congress  and  the 
Legislature  ratifying  said  order  and  ordinance,  or  under  the  authority  of 
which  the  same  have  been  passed;  and  such  conveyance  shall  likewise  oper- 
ate to  grant,  convey,  remise  and  release  to  the  party,  his  heirs  and  assigns, 
named  therein,  the  lands  in  such  conveyance  described,  and  all  the  estate 
and  interest,  present  and  future,  of  the  said  City  and  County  of  San  Fran- 
cisco, in  and  to  such  lands.  But  no  such  conveyance  shall  in  any  event  be 
held  to  import  a  warranty  or  covenant  of  title  on  the  part  of,  or  to  bind  said 
city  and  county,  or  any  officer  thereof. 

Sec.  6.  All  orders  and  parts  of  orders  of  the  Board  of  Supervisors  of  the 
City  and  County  of  San  Francisco,  conflicting  with  Order  Eight  Hundred 
and  Sixty-six  (866)  are  hereby  repealed,  but  such  repeal  shall  not  invalidate 
any  of  the  proceedings  instituted  under  the  order  of  which  Order  Eight 
Hundred  and  Sixty-six  (866)  is  amendatory,  and  such  proceedings  may  be 
continued  under  the  provisions  of  said  Order  Eight  Hundred  and  Sixty-six 


THE  CONSOLIDATION  ACT.  423 

(866).  Whenever  such  proceedings  have  been  completed,  and  the  Commit- 
tee on  Outside  Lands  of  said  Board  of  Supervisors,  or  a  majority  of  them, 
have  executed  and  delivered  a  deed  or  deeds,  the  person  or  persons  to  whom 
such  deed  or  deeds  were  executed,  may  obtain  from  the  Mayor,  at  his  or 
their  own  expense,  a  deed  of  the  same  land,  executed  by  him  and  sealed 
with  the  corporate  seal  of  the  City  and  County  of  San  Francisco,  without 
further  petition,  proof,  award  or  notice;  and  the  Mayor  is  hereby  author- 
ized and  empowered  to  execute  such  deeds.  Any  and  all  such  de^ds  shall 
have  the  like  force  and  effect  as  the  conveyances  mentioned  in  section  five 
of  this  Act;  provided,  that  if  any  grantee  in  any  deed  executed  by  such  com- 
mittee has  heretofore  sold  or  conveyed  any  land  included  in  such  deed,  or 
his,  her  or  their  interest  in  such  land,  by  writing  recorded  in  the  office  of 
the  City  and  County  Kecorder  of  the  City  and  County  of  San  Francisco,  the 
deed  executed  by  the  Mayor,  and  sealed  with  the  aforesaid  corporate  seal, 
shall  be,  as  to  the  lands  so  sold  or  conveyed,  for,  and  inure  to  the  benefit  of 
such  purchaser  or  purchasers,  grantee  or  grantees,  and  their  heirs,  and  the 
deed  executed  by  the  Mayor  shall  expressly  so  state. 

Sec.  7.  Whereas,  divers  co-owners  and  tenants  in  common  of  certain 
tracts  of  land  situate  in  the  City  and  County  of  San  Francisco,  and  within 
the  limits  described  in  Order  Number  Eight  Hundred  (800)  of  said  l^oard  of 
Supervisors,  who  are  or  claim  to  be  in  possession  thereof  as  such  owners 
and  tenants  in  common,  under  and  in  accordance  with  the  tsrms  and  pro- 
visions of  said  Order  Number  Eight  Hundred  (800),  and  as  such  alleged 
co-owners  and  tenants  in  common,  have  had  said  tracts  of  land  delint-ated 
by  metes  and  bounds,  and  as  entireties,  upon  the  map  mentioned  and  pro- 
vided for  in  said  Order  Number  Eight  Hundred  (800),  and  have  also  sever- 
ally paid  their  proportionate  share  of  the  taxes  upon  said  tracts  of  land  for 
the  five  fiscal  years  preceding  the  year  beginning  July  first  (1st),  eighteen 
hundred  and  sixty-six  (1866),  and  all  subsequent  taxes  due  thereon,  aud 
have  filed  with  said  Board  their  petition,  claiming  said  land  under  and  in 
accordance  with  the  terras  and  provisions  of  said  order  and  Order  Number 
Seven  Hundred  and  Forty-eight  (748)  of  said  Board;  now,  therefore, 
it  shall  be  lawful  for  anj'  such  alleged  co-owners  or  tenants  in  common  of 
lands  situate  within  the  limits  described  by  said  Order  Number  Eight  Hun- 
dred (800),  or  one  or  more  thereof,  or  his  or  their  successor  or  successors 
in  interest,  who  shall  have  performed  the  acts  and  conditions  aforesaid,  to 
pay,  as  such  co-owners  or  tenants  in  common,  his  or  their  proportionate 
share  of  the  amount  of  any  and  all  taxes  or  assessments  now  levied  aud  due, 
or  which  may  hereafter  (at  any  time  prior  to  the  deliver3'  of  a  deed  from  the 
City  and  County  of  San  Francisco,  for  his  or  their  undivided  interest  in  said 
lands)  be  levied  upon  and  become  due  upon  the  tract  or  tracts  of  land, 
wherein  he  or  they  hold  as  such  co-owners  or  tenants  in  common;  and  to 
facilitate  the  payment  of  such  proportionate  shares,  the  Tax  Collector  is 
hereby  authorized  to  divide  into  smaller  parcels  any  tract  of   laud  claimed 


42i  THE  CONSOLIDATION  ACT. 

by  co-owners,  owners  iu  severalty  or  tenants  in  common,  and  to  apportion 
to  each  subdivision  the  ratable  pro2>ortion,  value  considered,  of  the  assess- 
ment made  to  the  whole  tiact  so  divided,  and  after  the  payment  of  the 
apportioned  assessment  upon  any  one  of  such  subdivisions,  no  valid  objec- 
tion shiiU  be  made  by  any  party  to  the  acts  of  the  Tax  Collector  in  respect 
to  such  division,  and  the  apportioned  assessm  ent  shall  become  as  valid  and 
binding  upon  the  respective  subdivisions  to  which  they  have  been  so  appor- 
tioned, as  if  no  division  had  been  made  by  said  Tax  Collector. 

Sec.  8.  All  of  the  acts  and  proceedings  of  the  Tax  Collector  of  the  City  and 
County  of  San  Francisco,  talien  or  done  by  him  in  pursuance  of  or  under 
the  authority  of  any  order  or  resolution  of  the  Board  of  Supervisors  of  said 
city  and  county,  or  in  pursuance  of  or  under  the  authority  of  any  Act  of  the 
Jjegislature  of  the  State  of  California,  in  reference  to  the  collection  of  the 
taxes  or  assessments  upon  what  are  commonly  designated  as  the  outside 
lands  of  the  said  city  and  county,  are  hereby  ratified  and  confirmed,  and 
declared  to  be  legal,  valid  and  binding,  both  upon  the  lands  embraced 
within  the  purview  of  any  such  Act  ol  the  Legislature  of  this  State,  or  order 
•or  resolution  of  said  Board  of  Supervisors  of  said  city  aad  county. 

Sec.  9.  And  whereas,  certain  lands,  known  as  outside  lands  of  the  City 
and  County  of  San  Francisco,  have  been  advertised  for  sale  by  the  Tax 
Collector  of  said  city  and  county,  for  the  non-payment  of  taxes  or  assess- 
ments levied  thereon,  known  as  the  outside  land  tax,  which  sale  has  been 
postponed  from  time  to  time  by  said  Tax  Collector;  an  d  whereas,  some  of 
the  parties  claiming  to  be  the  owners  of  portions  of  said  lands  refuse  or 
neglect  to  pay  the  taxes  so  levied  as  aforesaid,  and  have  enjoined  the  said 
Tax  Collector  from  proceeding  with  said  sale;  now,  therefore,  be  it  enacted, 
that  all  the  pieces  or  parcels  of  laud  so  advertised  by  the  said  Tax  Collector 
as  aforesaid,  on  which  assessments  heretofore  levied  have  not  been  already 
paid,  or  shall  not  be  paid  to  said  Tax  Collector  within  thirty  days  from  and 
after  the  pa&sage  of  this  Act,  shall  be  sold  by  said  Tax  Collector,  for  gold 
coin  of  the  United  States,  as  hereiuafter  provided.  Said  siles  may  be  ad- 
journed from  time  to  time  by  said  Tax  Collector,  not  exceeding  in  all  sixty 
days,  and  may  take  place  at  such  place  in  said  city  and  county  as  the  said 
TaiCollector  may  designate.  The  time  during  which  any  injunction  may 
iL-ein  force  restraining  the  said  Tax  Collector  or  other  officer  of  said  city  and 
oouuty  from  proceeding  with  said  sale  shall  not  be  computed  as  any  part  of 
the  periods  limited  and  fixed  within  which  he  may  perform  tho  acts  and 
duties  herein  defined,  but  shall  be  excluded  therefrom.  The  said  Tax 
Collector  may  retain  in  his  custody  so  much  of  the  proceeds  arising  from 
said  sale  as  shall  be  necessary  to  liquidate  aud  pay  otl  the  appraisements 
for  reserved  lands  as  heretofore  made,  pursuant  to  Order  Number  Eight 
Hundred,  and  all  such  proper  and  necessary  costs  as  he  may  be  at  in  con- 
ducting said  sale  and  the  collection  of  such  assessments  and  the  overplus 
thereof,  he  shall  pay  over  to  the  Treasurer  of  the  said  city  and  county;  and 


THE  CONSOLIDATION  ACT.  425 

said  Treasurer  Bhall  carry  the  amount  so  paid  over  to  him  to  the  credit  of 
the  (Jeueral  Fuud  of  said  City  aud  Couuty.  The  amount  so  retained  by  the 
said  Tax  Collector  shall  be  paid  over  by  him  to  the  parties  entitled 
thereto  under  section  eleven  of  Order  Number  Eight  Hundred,  in 
discharge  of  the  appraisements  for  reserved  lands;  and  within  thirty  days 
from  and  after  he  shall  have  received  a  sum  from  assessments  equal  to  the 
total  amount  of  appraisements  for  reserved  laud-<,  over  and  above  the 
expenses  aud  costs  of  making  collections,  he  shall  settle  and  pay  off  in  full 
the  appraisements  made  as  aforesaid;  provided,  however,  when  there  are 
conflicting  claimants  for  particular  appraisements,  said  Tax  Collector  shall 
not  be  obliged  to  make  payment  in  such  cases  until  such  conflicting  claims 
shall  be  determined,  amicably  or  otherwise;  and  the  said  Tax  Collector  is 
hereby  authorized,  from  time  to  time,  to  make  distribution  on  account  of 
said  appraisements  for  reserved  lands,  pro  rata,  as  often  ns  ho  shall  have  on 
hand  fifty  per  cent,  or  less  thereof. 

Sec.  10,  Said  Tax  Collector  shall  issue  to  each  successful  purchaser  a 
receipt,  in  duplicate,  for  the  amount  bid  and  paid  by  him,  which  receipt 
shall  also  contain  a  brief  description  of  the  premises  sold,  and  upon  its  face 
entitle  the  bidder,  or  his  assigns,  to  a  deed  of  conveyance  of  the  premises 
therein  described,  at  the  expiration  of  twelve  months  from  the  date  of  the 
sale,  unless  there  shall  be  a  redemption  of  the  premises  as  hereinafter  pro- 
vided. 

Sec.  11.  Said  lands  shall  be  sold  subject  to  redemption,  and  such 
redemption  may  be  made  at  any  time  within  twelve  months  from  the  date  of 
sale,  upon  paying  to  the  said  Tax  Collector  the  amount  bid  therefor,  to- 
gethfr  with  twenty- five  per  cent,  thereon  aud  in  addition  thereto;  and  the 
party  redeeming  shall  also  pay  such  expenses  of  advertising  and  other 
expenses  as  the  said  Tax  Collector  may  have  incurred  in  and  abbut  the  par- 
ticular tract  from  the  sale  of  which  redemption  is  sought  to  be  effi-cted; 
provided,  that  all  lauds  sold  for  assessment  prior  to  the  passage  of  this  Act 
shall  have  the  same  right  of  redemption  as  provided  for  in  section  eleven  of 
this  Act. 

Sec.  12.  The  Tax  Collector,  after  the  expiration  of  twelve  months  from 
the  date  of  sale,  in  which  there  has  been  no  redemption,  shall  make  a  con- 
veyance of  the  premises  sold  to  the  purchaser  thereof,  or  his  assigns;  and 
■where  there  has  been  a  redemption,  he  may  make  conveyance  thereof  to  the 
redemptioner.  In  cases  of  redemption,  the  Tax  Collector  shall  pay  over  to 
the  holders  of  receipts  the  amount  bid,  together  with  the  sum  paid  by  the 
redemptioner,  in  addition  to  the  bid. 

Sec.  13.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


426  THE  CONSOLIDATION  ACT. 


SUPPLEMENT     CLXVII. 

1881,  72. 


An  Act  to  amend  Section  4109  of  "An  Act  to  establish  a  Political 
Code,"  approved  March  12,  1872,  relating  to  the  election  and 
terms  of  office  of  county,  city  and  county,  and  toivnship  officers, 
and  to  repeal  Sections  4024,  4027,  ayid  4111  of  said  Political 
Code. 

[Approved  March  7,  1881.] 
The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1.  Section  four  thousand  one  hundred  and  nine  of  the  Political 
Code  is  amended  to  read  as  follows  : 

4109.  All  elective  county,  city  and  county,  and  township  officers,  except 
Superior  Court  Judges,  Superintendents  of  Schools,  and  Assessors,  shall  be 
elected  at  the  e:eneral  election  to  be  held  in  the  year  eighteen  hundred  and 
eighty-two,  and  at  the  general  election  to  be  held  every  second  year  thereaf- 
ter, and  shall  take  office  on  the  first  Monday  after  the  first  day  of  January, 
next  succeeding  their  election,  and  shall  hold  office  for  two  years.  The 
years  that  said  officers  are  to  hold  office  are  to  be  computed  respectively  from 
and  including  the  first  Monday  after  the  first  day  of  January  of  any  one 
year  to  and  excluding  the  first  Monday  after  the  first  day  of  January  of  the 
next  succeeding  year;  prouirfed,  that  all  Supervisors  and  Justices  of  the  Peace 
shall  take  office  on  the  first  Monday  alter  the  first  day  of  January  next  suc- 
ceeding their  election,  and  shall  hold  office  for  two  years.  The  years  during 
which  a  Supervisor  aud  Justice  of  the  Peace  is  to  hold  office  are  to  be  com- 
pu  ed  respectively  from  and  including  the  first  Monday  of  January  of  any 
one  year  to  and  excluding  the  first  Monday  of  January  next  succeeding. 
Assessors  of  every  county,  and  of  every  city  and  county,  shall  be  elected  at 
the  general  election  to  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November,  eighteen  hundred  and  eightj-two,  and  at  the  general  election  to 
be  held  every  four  years  thereafter,  and  shall  hold  office  for  the  term  of  four 
years  from  and  after  the  first  Monday  after  the  first  day  of  January  next 
SQCceeding  their  election. 


THE  CONSOLIDATION  ACT.  427 


SUPPLEMENT     CLXVIII 


ARTICLE  IV  OF  THE  STATE  CONSTITUTION. 

LEGISLATIVE  DEPABTMENT. 

Sec.  30.  Neither  the  legislature,  nor  any  coiiuty,  city  and  county,  town- 
ship, school  district,  or  other  municipal  corponitiou,  shall  ever  make  an 
appropriation,  or  pay  from  any  public  fund  whatever,  or  grant  anything  to 
or  in  aid  of  any  religions  se«t,  church,  creed  or  sectarian  purpose,  or  h«-lp  to 
support  or  sustain  any  school,  college,  university,  hospital,  or  other  institu- 
tion controlled  by  any  religious  creed,  church,  or  sectarian  denominatioa 
•whatever;  nor  shall  any  grant  or  donation  of  personal  property  or  real 
estate  ever  be  made  by  the  Stato,  or  any  city,  city  and  county,  town,  or  other 
municipal  corporation  for  any  religious  creed,  church,  or  sectarian  purpose 
whatever;  provided,  that  nothing  in  this  secti  n  shall  prevent  the  Legislature 
granting  aid  pursuant  to  section  twenty-two  of  this  article. 

ARTICLE      IX. 

EDUCATION. 

Sec.  3.  A  Superintendent  of  Schools  for  each  county  shall  be  elected  by 
the  qualified  electors  thereof  at  each  gubernatorial  election;  provided,  that 
the  Legislature  may  authorize  two  or  more  counties  to  unite  and  elect  one 
Superintendent  for  the  counties  so  uniting. 

Sec.  6.  The  public  school  system  shall  include  primary  and  grammar 
schools,  and  such  high  schools,  evening  school-",  normal  schools  and  tech- 
nical schools  as  may  be  established  by  the  Legiblature,  or  by  municipal  or 
district  authority;  but  the  entire  revenue  derived  from  the  St^te  School 
Fund,  and  the  State  school  tax,  shall  be  applied  exclusively  to  the  support 
of  primary  and  grammar  sch-iols. 

Skc.  7.  The  Governor,  the  Superintendent  of  Public  Instruction,  and 
the  Principals  of  the  State  Normal  Schools  shall  constitute  the  State  Bo.ird 
of  Education,  and  shall  compile  or  cause  to  be  compileii  and  adopt  a  uniform 
series  of  text  books  for  use  in  the  Comm:>n  Schools  throughout  the  State. 
The  State  Board  may  cause  such  text  books,  when  adopted,  to  be  printed  and 
published  by  the  Superintendent  of  State  Printing  at  the  State  Printing 
Office,  and  when  so  printed  and  published,  to  be  sold  at  the  cost  price  of 
printing,  publishing  and  distributing  the  same.  The  text  books  so  Hdopted 
shall  continue  in  use  not  less  than  three  years;  and  said  State  Board  shall  per- 


428  THE  CONSOLIDA.TION  ACT. 

form  such  other  duties  as  may  be  prescribed  bj'  law.  The  Legislature  shall 
liroviJe  for  a  Board  of  Eduosition  in  each  county  in  the  State.  The  County 
Superintendent  and  the  County  Boards  of  Education  shall  have  control  of 
the  examination  of  teachers  and  the  granting  of  teachers'  certiiicaies  within 
their  respective  jurisdictions.     [Amendment  adopted  November  4,  188i.] 

ARTICLE     XI. 

DELATING    TO   CITIES    COUNTIES  AND   TOWNS. 

Section  1.  The  several  counties,  as  they  now  exist,  are  hereby  recog- 
niz3d  as  legal  subdivisions  of  this  State. 

Seo.  2.  No  county  seat  shall  be  removed  unless  two- thirds  of  the  quali- 
fied electors  of  the  county,  voting  on  the  proposition  at  a  general  election, 
shall  vote  in  favor  of  such  reitoval.  A  proposition  of  removal  shall  not  be 
submitted  in  the  same  county  more  than  once  in  four  years. 

Sec.  3.  No  new  county  shall  be  established  which  shall  reduce  any  coun. 
ty  to  a  population  of  less  than  eight  thousand;  nor  shall  a  new  county  be 
formed  containing  a  less  population  than  five  thousand;  nor  shall  any  line 
thereof  pass  within  five  miles  of  the  county  seat  of  any  county  proposed  to 
be  divided.  Every  county  which  shall  be  enlarged  or  created  from  territory 
taken  from  any  other  county  or  countie3,  shall  be  liable  for  a  just  proportion 
of  the  existing  debts  and  liabilities  of  the  county  or  counties  from  which 
such  territory  shall  be  taken. 

Sec.  4.  The  Legislature  shall  establish  a  system  of  county  governments 
which  shall  be  uniform  throughout  the  State;  and  by  general  laws  shall  pro- 
vide for  township  organization,  under  which  any  county  may  organize  when- 
over  a  majority  of  the  qualified  electors  of  such  county,  voting  at  a  general 
election,  shall  so  determine;  and  whenever  a  county  shall  adopt  township 
organization,  the  assessment  and  collection  of  the  revenue  shall  be  made, 
and  the  business  of  such  county  and  the  local  affdirs  of  the  several  townships 
therein  shall  be  managed  and  transacted  in  the  manner  prescribed  by  such 
general  laws. 

Sec.  5.  The  Legislature,  by  general  and  uniform  laws,  shill  provide  for 
the  election  or  apjiointment,  in  the  peveral  counties,  of  Boards  of  Supervis- 
ors, Sheriffs,  County  Clerks,  Disrtict  Attorneys,  and  such  other  county, 
township,  and  municipal  officers  as  public  convenience  may  require,  and 
shall  prescribe  their  duties  and  fix  their  terms  of  office.  It  shall  regulate  the 
compensation  of  all  such  officers  in  proportion  to  duties,  and  for  this  pur- 
pose may  classify  the  couuties  by  population;  and  it  shall  provide  for  the 
strict  accountability  of  county  and  township  officers  for  all  fees  which  may 
be  collected  by  them,  and  for  all  public  and  municipal  moneys  which  may 
be  paid  to  them,  or  officially  come  into  their  possession. 


THE  CONSOLIDATION  ACT.  429 

Sec.  6.  Corporations  for  municipal  purposes  shall  not  bo  created  by 
special  laws;  but  the  Legislature,  by  general  laws,  shall  provide  for  the  in- 
corporation, organization,  and  classification,  in  proportion  to  popu'ation,  of 
cities  and  towns,  which  laws  may  be  altered,  amended,  or  repealed.  Cities 
and  towns  heretofore  organized  or  incorporated  may  become  organized  under 
such  general  laws  whenever  a  majority  of  the  electors  voting  at  a  general 
election  shall  so  determine,  and  shall  organize  in  conformity  therewith;  and 
cities  or  towns  heretofore  or  hereafter  organized,  and  all  charters  thereof 
framed  or  adopted  by  authority  of  this  Constitution,  shall  be  subject  to  and 
controlled  by  general  laws. 

Sec.  7.  City  and  county  governments  may  be  merged  and  consolidated 
into  one  municipal  government,  with  one  set  of  officers,  and  may  be  incor- 
porated under  general  laws  providing  for  the  incorporation  and  organization 
of  corporations  for  municipal  purposes.  The  provisions  of  this  Constitu- 
tion applicable  to  cities  and  also  those  applicable  to  counties,  so  far  as  not 
inconsistent  or  not  prohibited  to  cities,  shall  be  applicable  to  such  consoli- 
dated government.  In  consolidated  city  and  county  governments,  of  more 
than  one  hundred  thousand  poi)ulation,  there  shall  be  two  boards  of  Super- 
visors or  houses  of  legislation — one  of  which,  to  consist  of  twelve  persons, 
shall  be  elected  by  general  ticket  from  the  city  and  county  at  large,  and  shall 
hold  office  for  the  term  of  four  years,  but  shall  be  so  classified  that  after  the 
first  election  only  six  shall  be  elected  every  twj  years;  the  other,  to  consist  of 
twelve  persons,  shall  be  elected  every  two  years,  and  shall  hold  office  for  the 
term  of  two  years.  Any  vacancy  occurring  in  the  office  of  Supervisor,  iu 
either  Board,  shall  be  filled  by  the  Mayor  or  ether  chief  executive  officer. 

Sec.  8.  Any  city  containing  a  population  of  more  than  one  hundred 
thousand  inhabitants  may  frame  a  charter  for  its  own  government,  consis- 
tent with  and  subject  to  the  Constitution  and  laws  of  this  State,  by  causing 
a  Board  of  fifteen  fi-eeholders,  who  shall  have  been  for  at  least  five  years 
qualified  electors  thereof,  to  be  elected  by  the  qualified  voters  of  such  city, 
at  any  general  or  special  election,  whose  duty  it  shall  be,  within  ninety  days 
after  such  election,  to  prepare  and  propose  a  charter  for  such  city,  which 
shall  be  signed  in  duplicate  by  the  members  of  such  Board,  or  a  majority  of 
them,  and  returned,  one  copy  thereof  to  the  Mayor,  or  other  chief  executive 
officer  of  such  city,  and  the  other  to  the  llecorder  of  deeds  of  the  county. 
Such  proposed  charter  shall  then  be  published  in  two  daily  papers  of  general 
circulation  in  such  city  for  at  least  twenty  days,  and  within  not  less  than 
thirty  days  after  such  publication  it  shall  be  submitted  to  the  qualified  elec- 
tors of  such  city  at  a  general  or  special  election,  and  if  a  majority  of  such 
qualified  electors  voting  thereat  shall  ratify  the  same,  it  shall  thereafter  be 
submitted  to  the  Legislature  for  its  approval  orrejtctiou  as  a  whole,  without 
power  of  alteration  or  amendment,  and  if  approved  by  a  majority  vote  of  the 
members  elected  to  each  House,  it  shall  become  the  charter  of  such  city,  or 
if  such  city  be  consolidated  with  a  county,  then  of  such  city  and  county,  and 


430  THE  CONSOLIDATION  ACT. 

shall  become  the  organic  law  thereof,  and  supersede  any  existing  charter 
and  all  amendments  thereof,  and  all  special  laws  inconsistent  with  such 
charter.  A  copy  of  such  charter,  certified  by  the  Mayor,  or  chief  executive 
ofl&cer,  and  authenticated  by  the  seal  of  such  city,  setting  forth  the  submis- 
sion of  such  charter  to  the  electors  and  its  ratificaiion  by  them,  shall  be 
made  in  duplicate  and  deposited,  one  in  the  office  of  the  Secretary  of  State, 
the  other,  after  being  recorded  in  the  office  of  the  Recorder  of  Deeds  of  the 
■county,  among  the  archives  of  the  city;  all  courts  shall  take  judicial  notice 
thereof.  The  charter  so  ratified  may  be  amended  at  intervals  of  not  less  than 
two  years,  by  proposals  therefor,  submitted  by  legislative  authority  of  the 
city  to  the  qualified  voters  thereof,  at  a  general  or  special  election  held  at 
least  sixty  days  after  the  publication  of  such  proposals,  and  ratified  by  at 
least  three-fifths  of  the  qualified  electors  voting  thereat,  and  approved  by  the 
Legislature,  as  herein  provided  for  the  approvui  of  the  charter.  In  submit- 
ting any  such  charter,  or  amendment  thereto,  any  alternative  article  or  prop- 
osition may  be  presented  for  the  choice  of  the  voters,  and  may  be  voted  on 
separately  without  prejudice  to  others. 

Sec.  9.  The  compensation  of  any  county,  city,  town,  or  municipal  officer 
shall  not  be  increased  after  his  election  or  during  his  term  of  office;  nor  shall 
his  term  of  any  such  officer  be  extended  beyond  the  period  for  which  he  is 
elected  or  appointed. 

Sec.  10.  No  county,  city,  town,  or  other  public  or  municipal  corporation, 
nor  the  inhabitants  thereof,  nor  the  property  therein,  shall  be  released  or 
discharged  from  its  or  their  proportionate  share  of  taxes  to  be  levied  for 
State  purposes,  nor  shall  commutation  for  such  taxes  be  authorized  in  any 
form  whatsoever. 

Sec.  11.  Any  county,  city,  town  or  township  may  make  and  enforce  with- 
in its  limits  all  such  local,  police,  sanitary,  and  other  regulations  as  are  not 
in  conflict  with  general  laws. 

Sec.  12.  The  Legislature  shall  have  no  power  to  impose  taxes  upon  coun- 
ties, cities,  towns,  or  other  public  or  municipal  coiporations,  or  upon  the 
inhabitants  or  property  ther^of,  for  county,  city,  town,  or  other  municipal 
purposes,  but  may,  by  general  laws,  vest  in  the  corporate  authorities  thereof 
the  power  to  assess  and  collect  taxes  for  such  purposes. 

Sec.  13.  The  Legislature  shall  not  delegate  to  any  special  commission, 
private  corporation,  company,  association,  or  individual,  any  power  to  make, 
control,  or  appropriate,  supervise,  or  in  any  way  interfere  with,  any  county, 
city,  town,  or  mnnicipiil  improvement,  money,  property,  or  effects,  whether 
held  in  trust  or  otherwise,  or  to  levy  taxes  or  assessments,  or  perform  any 
municipal  functions  whatever. 

Sec.  14.  No  State  office  shall  be  continued  or  created  in  any  county,  city, 
town,  or  other  municipality,  for  the  inspection,  measurement,  or  graduation 


THE  CONSOLIDATION  ACT.  431 

of  any  merchandise,  manufacture,  or  commodity;  but  such  county,  city,  town, 
or  municipality  may,  when  authorized  by  general  law,  appoint  such  oflScers. 

Sec.  15.  Private  property  shall  not  be  taken  or  sold  for  the  payment  of 
the  corporate  debt  of  any  political  or  municipal  corporation. 

Seo.  16.  All  moneys,  assessments,  and  taxes  belonging  to  or  collected  for 
the  use  of  any  county,  city,  town,  or  public  or  municipal  corporation,  com- 
ing into  the  hands  of  any  officer  thereof,  shall  immediately  be  deposited 
with  the  Treasurer,  or  other  legal  depositary,  to  the  credit  of  such  city,  town, 
or  other  corporation,  respectively,  for  the  benefit  of  the  funds  to  which  they 
respectively  belong. 

Sec.  17.  The  making  of  profit  out  of  county,  city,  town,  or  other  public 
money,  or  using  the  same  for  any  purpose  not  authorized  by  law,  by  any 
officer  having  the  possession  or  control  thereof,  shall  be  a  felony,  and  shall 
be  prosecuted  and  punished  as  prescribed  by  law. 

Sec.  18.  No  county,  city,  town,  township.  Board  of  Education,  or  school 
district,  shall  incur  any  indebtedness  or  liability  in  any  manner,  or  for  any 
purpose,  exceeding  in  any  year  the  income  and  revenue  provided  for  it  for 
such  year,  without  the  assent  of  two-thirds  of  the  qualified  electors  thereof 
vuting  at  an  election  to  be  held  for  that  purpose,  nor  unless,  before  or  at  the 
time  of  incurring  such  indebtedness,  provision  shall  be  made  for  the  collec- 
tion of  an  annual  tax  sufficient  to  pay  the  interest  on  such  indebtedness  as 
it  falls  due,  and  also  to  constitute  a  sinking  fund  for  the  payment  of  the 
principal  thereof  within  twenty  years  from  the  time  of  contracting  the  same. 
Any  indebtedness  or  liability  incurred  contrary  to  this  provision  shall  be 
Toid. 

Sec.  19.  In  any  city  where  there  are  no  public  works  owned  and  con- 
trolled by  the  municipality  for  supplying  the  same  with  water  or  artificial 
light,  any  individual,  or  auy  company,  duly  incorporated  for  such  purpose' 
under  and  by  authority  of  the  laws  of  this  State,  shall,  under  the  direction 
of  the  Superintendent  of  Streets,  or  other  officer  in  control  thereof,  and  un- 
der such  general  regulations  as  the  municipality  may  prescribe  for  damages 
and  indemnity  for  damages,  have  the  privilege  of  using  the  public  strt-ets 
and  thorotighfares  thereof,  and  of  laying  down  pipes  and  conduits  therein, 
and  connecting  therewith,  so  far  as  may  be  necessary  for  introducing  into 
and  supplying  such  city  and  its  inhabitants,  either  with  gaslight,  or  other 
illuminating  light,  or  with  fresh  water  for  domestic  and  all  other  purposes, 
upon  the  condition  that  tbe  municipal  government  shall  have  the  right  to 
regulate  the  charges  thereof.     [Amendment  adopted  November  4,  1884.] 


432  THE  CONSOLIDATION  ACT. 

ARTICLE    XIV. 

■WATER   AND    WATEB   BIGHTS. 

Section  1.  The  use  of  all  water  now  appropriated,  or  that  may  hereafter 
be  appropriated,  for  sale,  rental,  or  distribution,  is  hereby  declared  to  be  a 
public  use,  and  subject  to  the  regulation  and  control  of  the  State,  in  the 
manner  to  be  prescribed  by  law  ;  provided,  that  the  rates  or  compensation  to 
be  collected  by  any  person,  company,  or  corporation  in  this  State  for  the  use 
of  water  supplied  to  any  city  and  county,  or  city  or  town,  or  the  inhabitants 
thereof,  shall  be  fixed,  annually,  by  the  Board  of  Supervisors,  or  city  and 
county,  or  City  or  Town  Council,  or  other  governing  body  of  such  city  and 
county,  or  city  or  town,  by  ordinance  or  otherwise,  in  the  manner  that 
other  ordinances  or  legislative  acts  or  resolutions  are  passed  by  such  body, 
and  shall  continue  in  force  for  one  year  and  no  longer.  Such  ordinances  or 
resolutions  shall  be  passed  in  the  month  of  February  of  each  year,  and  take 
effect  on  the  first  day  of  July  thereafter.  Any  Board  or  body  failing  to  pass 
the  necessary  ordinances  or  resolutions  fixing  water  rates,  where  necessary, 
within  such  time,  shall  be  subject  to  peremptory  process  to  compel  action  at 
the  suit  of  any  party  interested,  and  shall  be  liable  to  such  further  processes 
and  penalties  as  the  Legislature  may  prescribe.  Any  person,  company,  or 
corporation  collecting  water-rates  in  any  city  and  county,  or  city  or  town  in 
this  State,  otherwise  than  as  so  established,  shall  forfeit  the  franchises  and 
water-works  of  such  person,  companj',  or  corporation  to  the  city  and  county, 
or  city  or  town,  where  the  same  are  collected,  for  the  public  use. 

Sec.  2,  The  right  to  collect  rates  or  compensation  for  the  use  of  water 
supplied  to  any  county,  city  and  county,  or  town,  or  the  inhabitants  thereof' 
is  a  franchise,  and  cannot  be  exercised  except  by  authority  of  and  in  the 
manner  prescribed  by  law. 

ARTICLE     XIX. 

CHINESE. 

Sec.  3.  No  Chinese  shall  be  employed  in  any  State,  county,  municipal  or 
other  public  work,  except  in  punishment  for  crime. 


THE  CONSOLIDATIO^^  ACT.  433 


STITUIES   PASSED    AT    THE    SESSION   OF  THE 
LEGISLATURE  OF  1887. 


SUPPLEMENT     CLXIX. 
1887,  52. 


All  Act  to  authorize  the  Gommon  CoiincUs  and  Boards  of  Sapervia- 
o)'s  of  the  several  citi-s,  counties,  and  cities  and  count iei  in  this 
Stale  to  levy  fares  for  the  maintenance  of  public  parks,  having 
an  area  o/  over  ten  acres  each,  within  their  respective  limits. 

[Approved  March  8,  1887.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  f olio wi: 

Seotiom  1.  The  Common  Council  and  the  Board  of  Supervisors  of  any 
city,  county,  or  city  and  county,  of  this  State,  are  hereby  authorized  and  em- 
powered to  levy  a  yearly  tax  of  not  to  exceed  three  cents  upon  every  one 
hundred  dollars  assessed  valuation  of  property,  real  and  personal,  in  such 
city,  county,  or  city  and  county,  for  the  purpose  of  maintaining^  and  improv- 
ing any  public  p  irk  or  parks,  having  an  area  of  ten  acres  each,  therein  situ- 
ated. 

Sec.  2.  All  moneys  arising  from  the  tax  authorized  to  be  levied  by  the 
preceding  section,  shall  be  collected  by  the  Tax  Collector  of  the  city,  county, 
or  city  and  county  wherein  said  park  or  parks  may  be  situated,  and  s-hall  be 
kept  by  the  Treasurer  of  said  city,  county,  or  city  and  county,  subject  only 
to  the  order  of  the  public  officer  or  officers,  or  Board  or  Commissioner, 
having  legal  charge  and  control  of  the  management  and  maintenance  of 
said  park  or  parks. 

Sec.  3.  The  terms  Common  Council  and  Board  of  Saporvisors  are  hereby 
declared  to  include  any  body  or  board  which,  under  the  law,  is  the  legisla- 
tive department  of  the  government  of  any  city,  county,  or  city  and  county. 

Skc.  4.     This  Act  shall  be  enforced  from  and  after  its  passage. 
28 


434  THE  CONSOLIDATION  ACT. 

SUPPLEMENT     CLXX, 

1887,   58. 


An  Act  to  amend  an  Act  entitled  ^'An  Act  to  grant  to  Boardti  oj 
Health,  or  Health  Officers,  in  cities,  and  cities  and  counties,  the 
power  to  regulate  the  plumbing  and  drainage  of  buildings,  and 
to  provide  for  the  registration  of  plumbers,"  apjproved  3IarcJi 
3,  1885j  by  amending  sections  one  and  ttvo  thereof. 

jApiiroved  March  9,  1887.] 

Tlie  People  of  the  State  of  California,  represented   in  Senate  and   Assembly,  do 

enact  as  fvllows: 

Section  1.  Section  one  of  an  Act  entitled  "An  Act  to  grant  to  Boards  of 
Health,  or  Health  Officers,  in  cities,  and  cities  and  counties,  the  power  to 
regulate  the  plumbing  and  drainage  of  buildings,  and  tc)  provide  for  the  reg- 
istration of  plumbers,"  approved  March  third,  eighteen  hundred  and  eighty- 
five,  is  hereby  amended  so  as  to  read  as  follows: 

Section  1.  It  shall  not  be  lawful  for  any  person  to  carry  on  business,  or 
labor  as  a  master  or  journeyman  plumber,  in  any  incorporated  city,  or  in 
any  city  and  counLy,  in  this  State,  until  he  shall  have  obtained  from  the 
Board  of  Health  of  said  city,  or  city  and  county,  a  license  authorizing  him 
to  carry  on  business,  or  labor  as  such  mechanic.  A  license  so  to  do  shall  be 
issued  only  after  a  satisfactory  examination  by  the  Board  of  each  applicant 
upon  his  qualification-^  to  conduct  such  business,  or  to  so  labor.  All  appli- 
cations for  license,  and  all  licenses  issued,  shall  state  the  name  in  full,  age, 
nativity,  and  place  of  residence  of  the  applicant  or  person  so  licensed.  It 
shall  be  the  duty  of  the  Secretary  of  each  Board  of  Health  to  keep  a  r(  cord 
of  all  6uch  licenses  issued,  together  wiih  an  alphabetical  index  to  the  same. 

Sec.  2.     Section  2  of  said  Act  is  hereby  amended  so  as  to  read  as  follows: 
Section  2.     A  list  of  all  licensed  pkimbers  shall  be  published  in  the  yearly 
report  of  the  Health  Officer  or  Board  of  Health. 

Sec.  3.     This  Act  shall  take  effect  immediately. 


I 


THE  CONSOLIDATfON  ACT.  435 

S  U  P  P  L  E  I\I  E  N  T     C  L  X  X  I  . 

1887,  93. 


An  Ad  to  prorldc  for  lln'  coDijdiiioii  of  all  nu/lni>^Ued  county,  citij, 
ritij  and  coantii.  toiois  and  totvnships  buildings  i)i  tJie  several 
counties,  cities  and  courdii's,  cities,  and  towns  ihrovghout  the 
State  of  California. 

(Apin-ovetl  March  10,  1SS7.J 

77(6  People  of  ilie  Stale  of  California,  represented  in  Senate  and  Assembly,  do 
enact  as  follows  : 

Skction  1.  In  the  event  that  the  Board  of  Snpei visors  of  the  several 
connties,  and  cities,  cities  and  coun'ies,  of  the  State  of  California  shall  deem 
it  expedient  to  continue  the  construction  of  any  unfinished  county,  or  city  and 
coun  y,  or  town,  or  townships,  buildiuo;  or  buildingsi.  they  ai'e  hereby  author- 
ized and  enip  iwered  to  express  such  judgment  by  resolution  or  order,  in  such 
form  as  they  may  deem  proper.  And  for  the  purpose  of  raising  the  money  ne- 
cessary to  complete  said  building  or  buildintjs,  the  Bo  irds  of  Supervisors  of 
the  several  coiiutif^s,  cities,  aud  cities  and  counties  of  the  State  of  California 
are  hereby  authorized  and  empowered  to  h-vy  and  colltct  annually  for  the  fiscal 
year  commencing  July  first,  eighteen  hi;ndred  and  eightj'-seven,  and  ending 
June  thirtieth,  eighteen  hundred  and  eighty-eight,  and  each  and  every  fiscal 
year  thereafter  during  the  four  fiscal  years  next  ensuing,  in  the  same  manner 
and  at  the  same  times  as  other  taxes  in  said  counties,  cities,  and  towns,  and 
townships,  and  cities  and  counties,  are  levied  and  collected,  an  ad  valorem 
property  tax  on  real  aud  personal  property  within  the  said  counties,  or  cities 
and  counties,  cities,  towns,  and  townships,  of  not  to  exceed  ten  cents  on  each 
one  hundred  dollars  of  value,  as  sh-nvn  b^-  the  assessment  rolls  of  said  coun- 
ties, and  cities  and  counties,  cities,  towns,  and  townships,  for  the  citrreut 
fiscal  year.  . 

Sec.  2.  All  laws  now  in  force,  except  in  so  far  as  they  relate  to  the  levy 
aud  collection  of  taxes  for  the  completion  of  any  county,  or  city  and  coiinty, 
or  city,  or  towns,  or  townships  building  or  baildiugs,  are  hereby  continued 
in  full  force  and  effect. 


436  THE  CONSOLIDATION  ACT. 

SUPPLEMENT     CLXXII 
1887,   120. 


All  Act  authorizing  the  incurring  of  indebtedness  by  cities,  towns,  or 
municipal  corporations,  incorporated  under  the  laics  of  this 
State. 

[Aijproved  March  15,  1887.] 

The  People  of  the  State  of  California,  represented  in  Senate  and  Assembly,  do 

enact  as  follows : 

Section  1.  Any  city,  town,  or  municipal  corporation,  incorporated  under 
the  laws  of  this  State,  may,  as  hereinafter  provided,  incur  indebtedness  to 
pay  the  cost  of  any  permanent  municipal  improvement  requiring  an  expendi- 
ture greater  than  the  amount  allowed  for  such  improvements  by  the  ordinary 
annual  tax  levy. 

Sec.  2.  Whenever  the  legislative  branch  of  any  city,  town,  or  municipal 
corporation  shall,  by  ordinance  passed  by  a  vote  of  three  fourths  of  all  its 
members  and  approved  by  the  Executive  of  said  city,  town,  or  municipal 
corporation,  determine  therein  that  the  public  interest  or  necessity  demands 
the  acquisition,  construction,  or  completion  of  any  permanent  municipal 
building,  work,  sewer,  property,  water  rights,  bridges,  or  improvement,  the 
cost  of  which  is  too  great  to  be  paid  out  of  the  ordinary  annual  income  and 
revenue  of  the  municipality,  they  may,  after  publication  of  such  ordinance 
for  at  least  two  weeks  in  some  newspaper  published  in  such  city,  town,  or 
muuicipal  corporation,  and  at  the  next  regular  meeting  after  such  publica- 
tion, or  at  an  adjourned  meeting  thereat,  by  ordinance,  passed  by  a  vote  of 
three  fourths  of  all  its  members,  and  also  approved  by  the  said  Executive, 
call  a  special  election  and  submit  to  the  qualified  voters  of  said  city,  town, 
or  municipal  corporation  the  proposition  of  incurring  a  debt  for  the  purpose 
set  forth  in  the  ordinance,  and  no  question  other  than  the  incurrence  of  in- 
debtedness for  such  purpose  shall  be  submitted.  The  ordinance  of  the  city 
calling  such  special  election  shall  recite  the  objects  and  purposes  for  which 
the  indebtedness  is  proposed  to  be  incurred;  the  estimated  cost  of  such  im- 
provement; the  necessity  for  such  improvement,  and  that  bonds  of  the  city 
for  municipal  improvement  shall  issue  for  the  payment  of  the  cost,  as  in  said 
ordinance  set  forth,  if  the  proposition  be  accepted  by  the  qualified  voters  of 
the  city,  as  hereinafter  provided,  and  shall  fix  the  day  on  which  such  special 
election  shall  be  held,  the  manner  of  holding  such  election,  and  of  voting  for 
or  against  incurring  the  indebtedness;  provided,  such  election  shall  be  held 


THE  CONSOLIDATION  ACT.  437 

a^;  provided  by  law  for  holding  elections  in  such   city,  town,  or   municipal 
corporations. 

Sec.  3.  Said  ordinance  shall  be  published,  once  each  day,  for  at  least  ten 
days,  or  once  a  week  for  two  weeks,  before  the  publication  of  the  notice  of 
the  special  election,  in  some  newspaper  published  in  such  city,  town,  or  mu- 
nicipal corporation.  After  said  publication  said  legislative  body  shall  cause 
to  be  puldished,  for  not  less  than  two  weeks,  in  at  least  one  each  of  the  news- 
papers of  such  city,  a  notice  of  such  special  election,  the  purposes  for  which 
the  indebtedness  is  to  be  incurred,  the  amount  of  the  indebtedness  to  be  in- 
ciirred,  the  number  and  character  of  the  bonds  to  ba  issued^the  rate  of  inter- 
est to  be  paid,  and  the  amount  of  tax  levy  to  be  made  for  the  payment 
thereof.  It  shall  require  a  vote  of  two  thirds  of  all  voters,  voting  at  such 
special  election,  to  authorize  the  issuance  of  the  bonds  herein  provided. 

Sec.  4.  All  bonds  of  municipality,  for  permanent  imiarovements,  issued 
under  the  provisions  of  this  Act,  shall  be  of  a  character  of  bonds  known  as 
serials,  and  shall  be  payable  in  the  manner  following:  One  twentieth  part 
of  the  whole  indebtedness  shall  be  payable  each  and  every  year,  on  a  day  to 
be  fixed  by  the  legislative  branch  of  the  city,  together  with  the  annual  inter- 
est on  all  sums  unpaid  at  such  date;  and  the  bonds  shall  be  issued  in  such 
amount  as  the  government  of  such  city  may  determine,  but  not  less  than  one 
hundred  dollars  each  or  more  than  one  thousand  dollars  each,  payable  on  the 
day  fixed  in  said  bond, with  interest  not  to  exceed  the  sum  of  five  percent  per 
annum.  Such  bonds  may  be  sold  by  the  said  legislative  branch  of  such  city, 
town,  or  municipal  corporation  as  they  may  determine,  at  not  less  than  their 
face  value  in  gold  coin  of  the  United  States;  and  the  proceeds  of  such  sale  shall 
be  placed  in  the  treasury  of  such  city,  town,  or  municipal  corporation,  to  the 
credit  of  the  "  Mimicipal  Improvement  Fund,"  "No.  ,"  or  other  des- 
ignation, and  shall  be  applied  exclusively  to  the  purposes  and  objects  men. 
tioned  in  the  ordinance  providing  for  the  issuance  of  such  bonds,  until  said 
objects  are  accomplished;  and  the  residue,  if  any,  shall  be.  transferred  to  the 
General  Fund  of  said  city,  town,  or  municipal  corporation. 

Sec.  5.  The  legislative  branch  of  such  city  shall,  at  the  lime  of  fixing  the 
general  tax  levy  of  said  city,  and  in  the  manner  for  such  general  tax  levy 
provided,  levy  and  collect  annually  each  year  for  the  term  of  twenty  years,  a 
tax  sufiicient  to  pay  the  annual  interest  on  said  bonds,  and  also  one  twen- 
tieth part  of  the  aggregate  amount  of  such  indebtedness  so  incurred.  The 
taxes  herein  required  to  be  levied  and  collected  shall  be  in  addition  to  all 
other  taxes  levied  for  city  purposes,  and  shall  be  collected  at  the  same  time 
and  in  the  same  manner  as  other  city  taxes  are  collected. 

Sec.  6.  Within  thirty  days  after  the  sale  of  such  bonds,  the  Executive  of 
said  city,  town,  or  municipal  corporation  shall  appoint  a  Commissioner  of 
such  improvement,  who  shall  be  confirmed  by  a  vote  of  not  less  than  three 
fourths  of  the  members  of  the  legislative  branch  of  said  municipal  govern- 
ment, and  the  Commissioner  shall  have  charge  of  the  said  improvement  and 


438  THE  CONSOLIDATION  ACT. 

the  disbursement  of  the  said  funds  for  such  purposes,  subject  to  the  condi- 
tions of  the  ordinances  of  the  said  city  providing  for  such  work  or  improve- 
ment, and  such  ordinances  as  may  at  any  time  be  passed  relating  thereto; 
but  the  Commissioner,  when  appointed,  shall  not  be  removed  until  the  com- 
pletion of  the  said  improvement,  unless  by  order  of  the  Executive,  concurred 
in  by  a  vote  of  three  fourths  of  said  legislative  branch. 

Sec.  7.  The  compens-ition  of  the  Commissioner  to  be  appointed  lander 
the  provisions  of  this  Act  shall  be  fixed  by  ordinance  not  to  exceed  five  dol- 
lars per  day  for  each  day  of  actual  service;  said  Commissioner  shall  execute 
an  official  bond  in  the  penal  sum  of  ten  thousand  dollars  ($10,000)  for  the 
faithful  performance  of  his  duties 

Sec.  8.  All  contracts  for  the  construction  or  completion  of  any  work,  or 
of  improvements,  or  furnishing  of  materials  for  work  or  improvements,  as 
herein  provided  for,  shall  be  let  to  the  lowest  responsible  bidder,  who  shall 
furnish  such  bonds  as  the  legislative  branch  of  said  uity,  town,  or  municipal 
corporation  may  require. 

Skc.  9.  Whenever  the  legislative  branch  of  such  city,  town,  or  municipal 
corporation  shall,  by  resolution,  deem  it  necessary,  the  Treasurer  of  such 
city  shall,  within  ten  days  after  the  passage  of  such  resolution,  give  addi- 
tional boLds,  provided  for  the  proper  care  and  custody  of  any  municipal  im- 
provement fund,  as  in  this  Act  provided. 

Sec.  10.  All  general  and  special  Acts  and  parts  of  such  Acts  in  conflict 
with  this  Act,  or  abridging  the  rights  of  cities,  towns,  or  municipal  corpora- 
tions herein,  are  hereby  repealed. 

Sec.   11.     This  Act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 


'SUPPLEMENT     CLXXIII. 

1887,   U8. 


.i//  Ad  to  amend  nection  thirty-two  of  an  Act  entitled  ''An  Act  to 
[ji-ovide  for  work  upon  streets,  lanes,  alleys,  courts,  places,  and 
sidewalks,  and  for  the  construction  of  i-ewers  loithin  7nunici- 
ixililies,"  approved  March  18,  1885. 

[Approved  Marcli  lr>,  1887.] 

The   I'lnple  of  the  State  of  California,  represented  in  Senate  end  Aa^emhly,  do 
enact  as  follows : 

Shc^iox  1.     Sectiiu)  thirty-two  of  the  Act,  the  title  of    which  is  recited  in 
the  t.;l'-  hereof,  is  heiel)y  amended  so  as  to  read  as  follows: 


THE  CONSOLIDATION  ACT.  439 

Sectiou  32.  The  proceeds  of  the  sale  of  the  bonds  shall  be  deposited  in 
the  City  Treasurj',  to  the  account  of  the  Sewer  Fund,  but  no  payment  there- 
fiom  shull  be  made,  except  to  pay  for  the  construction  of  the  sewer  or  sew- 
ei's  for  the  construction  of  which  the  bonds  were  issued,  and  upon  the  certifi- 
cate of  the  Superintendent  of  Streets  and  the  City  Engineer  that  the  work 
has  been  done  according  to  the  contract;  provided,  that  after  the  completion 
of  the  sewers,  for  the  construction  of  which  said  bonds  were  issued,  if  there 
be  any  money  of  .said  fund  left  in  the  Treasury,  the  same  maybe  transferred 
to  th*-  Genera]  Fund,  for  general  purposes. 

t-KC.  2.     This  Act  shall  take  effect  immediately. 


SUPPLEMENT     C  L  X  X  I  V. 
1887,   149. 


All  Act  If)  amend  section  one  thousand  one  hundred  and  sixty  of  the 
Political  Code  of  the  State  of  California,  relating  to  elections. 

[Approved  March  15,  1SS7.] 

1/ie  People  of  the  Slafe  of  California,  represenied  in  Senate  and  Assembly,  do 

enact  as  follows: 

Section  1,  Section  one  thousand  one  hundred  and  sixty  of  the  Political 
Code  is  hereby  amended  to  read  as  follows: 

1160.  The  polls  must  be  opened  at  six  o'clock  on  the  morning  of  the  day 
of  election,  and  must  be  kept  open  until  seven  o'clock  on  the  evening  of  the 
same  day,  when  the  polls  shall  be  closed. 


SUPPLEMENT     CLXXV 

1887. 


Section  8  of  Articlk  IX  of  the  State  Constitution  as  Pkoposed  to  be 
Amended  at  the  Election  of  April  12,  1887. 
Section  8.     Any  city,  or  consolidated  city  and  county,  containing  a  popu- 
lation of  more  than  one  hundred  thousand  inhabitant-,  may  frame  a  charter 
for  its  own  government,  consistent  with  and  subject  to  the  Constitution  and 


410  THE  CONSOLIDATION  ACT. 

laws  of  the  State  by  causing  a  Board  of  fifteen  freeholders, who  shall  have  been 
for  at  least  five  years  qualified  electors  thereof,  to  be  elected  by  the  qualified 
voters  of  such  city,  or  city  and  county,  at  any  general  or  special  election,  whose 
duty  it  shall  be,  within  one  hundred  days  after  such  election,  to  prepare  and 
propose  a  charter  for  such  city,  or  city  and  county,  which  shall  be  signed  in 
duplicate  by  the  members  of  such  Board,  or  a  majority  of  them,  and  returned, 
one  copy  thereof  to  the  Mayor,  or  other  chief  executive  officer  of  such  city, 
or  city  and  county,  and  the  other  to  the  Recorder  of  Deeds  of  the  county, 
or  city  and  county.  Such  proposed  charter  shall  then  be  published  in  two 
daily  papers  of  general  circulation  in  such  city,  or  city  and  county,  for  at 
least  twenty  days,  and  such  publication  shall  be  commenced  within  twenty 
(20)  days  after  the  completion  of  the  charter;  and  within  not  less  than 
thirty  days  after  the  completion  of  such  publicsition  it  shall  be  submitted  by 
the  legislative  authority  of  said  city,  or  city  and  county,  to  the  qualified 
electors  thereof  at  a  general  or  special  election,  and  if  a  majority  of  such 
qualified  electors  voting  thereat  shall  ratify  the  same,  it  shall  thereafter  be 
submitted  to  the  Legislature  for  its  approval  or  rejection  as  a  whole,  without 
power  of  alteration  or  amendment  ;  and  if  approved  by  a  majority  vote  of 
the  members  elected  to  each  House  it  shall  become  the  charter  of  such  city, 
or  if  such  city  be  consolidated  with  a  county,  then  of  such  city  and  county, 
and  shall  become  the  organic  law  thereof,  and  supersede  any  existing  char- 
ter, and  all  amendments  thereof,  and  all  special  laws  inconsistent  with  such 
charter.  A  copy  of  such  charter,  certified  by  the  Mayor,  or  other  chief  execu- 
tive officer,  and  authenticated  by  the  seal  of  such  city,  or  city  and  county, 
setting  forth  the  submission  of  such  charter  to  the  electors,  and  its  ratifica- 
tion by  them,  shall  be  made  in  duplicate,  and  deposited,  one  in  the  office  of 
the  Secretary  of  State,  the  other,  after  being  recorded  in  the  office  of  the 
Recorder  of  Deeds  of  the  county,  or  city  and  county,  among  the  archives  of 
the  city,  or  city  and  county.  All  Courts  shall  take  judicial  notice  thereof. 
The  charter  so  ratified  may  be  amended  at  intervals  of  not  less  than  two 
years,  by  proposals  therefor  submitted  by  legislative  authority  of  the  city,  or 
city  and  county,  to  the  qualified  voters  thereof,  at  a  general  or  special  elec" 
tion  held  at  least  sixtj'  days  after  the  publication  of  such  proposals,  and  rati- 
fied by  at  least  three-fifths  of  the  qualified  electors  voting  thereat,  and  ap- 
proved by  the  Legislature  as  herein  provided  for  the  api^roval  of  the  charter. 
In  submitting  any  such  charter,  or  amendment  thereto,  any  alternative  aiticle 
or  proposition  may  be  presented  for  the  choice  of  the  voters,  and  may  be 
voted  on  separately  without  prejudice  to  others.  Any  city,  or  consolidated 
city  and  county,  containing  a  population  of  more  than  ten  thousand  and  not 
more  than  one  hundred  thousand  inhabitants,  may  frame  a  charter  for  its 
own  government,  consistent  with  and  subject  to  the  Constitution  and  laws  of 
this  State,  by  causing  a  Board  of  fifteen  freeholders,  who  shall  have  been  for 
at  least  five  years  qiialified  electors  thereof,  to  be  elected  by  the  qualified 
voters  of  said  city,  or  city  and  county,  at  any  general  or  special  election, 
whose  duty  it  shall  be,  within   ninety  days  after  such  election,  to  prepare 


THE  CONSOLIDATION  ACT.  441 

and  propose  a  charter  for  such  city,  or  city  aud  county,  which  shall  be  signed 
in  duplicate  by  the  members  of  such  Board,  or  a  majority  of  them,  and 
returned,  one  copy  thereof  to  the  Mayor,  or  other  chief  executive  ofiicer  of 
said  city,  or  city  and  county,  and  the  other  to  the  Kecorder  of  the  county, 
or  city  and  county.  Such  proposed  charter  shall  then  be  published  in  two 
daily  papers  of  general  circulation  in  such  city,  or  city  and  county,  for  at 
least  twenty  days  ;  and  publication  shall  be  commenced  within  twenty  days 
after  the  completion  of  the  charter  ;  and  within  not  lass  than  thirty  days 
after  the  completion  of  such  pubiicatiou  it  shall  be  submitted  by  the  legisla- 
tive authority  of  said  city,  or  city  and  county,  to  the  qualified  electors  of 
said  city,  or  city  and  county,  at  a  general  or  special  election,  and  if  a  ma- 
jority of  such  qualified  electors  voting  thereat  shall  ratify  the  same  it  shall 
thereafter  be  submitted  to  the  Legislature  for  its  approval  or  rejection  as  a 
whole,  without  power  of  alteration  or  amendment,  and  if  approved  by  a 
majority  vote  of  the  members  elected  to  each  House  it  shall  become  the 
charter  of  such  city,  or  if  such  city  be  consolidated  with  a  county,  then  of 
such  city  and  county,  and  shall  become  the  organic  law  thereof,  aud  shall 
supersede  any  existing  charter,  aud  all  amendments  thereof,  and  all  special 
laws  inconsistent  with  such  charter.  A  copy  of  such  charter,  certified  by 
the  Mayor,  or  other  chief  executive  officer,  and  authenticated  by  the  seal  of 
such  city,  or  city  and  county,  setting  forth  the  submission  of  such  charter 
to  the  electors,  "and  its  ratification  by  them,  shall  be  made  in  duplicate,  and 
deposited,  one  in  the  office  of  the  Secretary  of  State,  and  the  other,  after 
being  recorded  in  the  office  of  the  Recorder  of  Deeds  of  the  county,  or  city 
and  county,  among  the  archives  of  the  city,  or  city  and  county  ;  and  there- 
after all  Courts  shall  take  judicial  notice  thereof.  The  charter  so  ratified 
may  be  amended,  at  intervals  of  not  less  than  two  years,  by  proposals  there- 
for, submitted  by  the  legislative  authority  of  the  city,  or  city  and  county,  to 
the  qualified  electors  thereof,  at  a  general  or  special  election  held  at  least 
sixty  days  after  the  publication  of  such  proposals,  and  ratified  by  at  least 
three-fifths  of  the  qualified  electors  voting  thereat,  and  approved  by  the  Leg- 
islature as  herein  provided  for  the  approval  of  the  charter.  In  submitting 
any  such  charter,  or  amendment  thereto,  any  alternative  article  or  proposition 
may  be  presented  for  the  choice  of  the  voters,  and  may  be  voted  on  separ- 
ately without  prejudice  to  others. 


tli  THE  COSSOLIDAriON  ACT. 

SUPPLEMENT     C  L  X  X  V  I. 

1887 


.1/1  A-t  to  rellaqaitih  the  interest  of  the  United  States  in  certain 
lands  to  the  City  and  County  of  San  Francisco,  and  their 
yrantees. 

[Approved  December  20,  1886.] 

Be  it  enacted  by  t/ie  Senate  and  House  of  Rfpreseniatives  of  (lie  United  States 
of  America  in  Congress  assembled,  That  the  right,  title,  and  ownership  of  the 
City  and  County  of  San  Francisco,  in  the  State  of  Califorui«,  to  the  body  of 
land  hereinafter  described  are  confirmed,  and  all  the  right  and  title  of  the 
United  States  to  said  land  are  hereby  granted  and  relinquished  lo  said  city 
and  county,  and  to  those  per.-^.oas,  and  their  successors  in  interest,  to  whom 
poitions  of  said  land  have  been  heretofore  granted  and  conveyed  by  or  on 
behalf  of  said  city  and  county,  to  the  extent  of  their  interest  in  said  laud. 
Said  land  hereby  granted  is  described  as  follows:  Situated  within  the  cor- 
porate limits  of  the  said  city  and  county;  bounded  on  the  north  by  the 
southern  boundary-line  of  the  land  granted  by  the  United  States  to  said  city 
and  county  by  patent  dated  June  twentieth,  eighteen  hundred  and  eigbty- 
four;  on  the  west  by  the  Pacific  Ocean;  on  the  south  by  the  land  surveyed 
by  Deputy  United  States  Surveyor  James  T.  Stratton,  in  eighteen  hundred 
and  sixty-seven  and  eighteen  hundred  and  sixty-eight,  as  the  southern  line 
of  the  land  granted  to  said  city  and  county  by  Act  of  Congress  approved 
March  eighth,  eighteen  hundred  and  sixty- six;  and  also  bounded  on  the 
soiath  by  the  northern  boundary  of  the  Ranoho  Laguna  de  la  Merced, 
granted  by  the  United  States  to  J.  de  Haro  and  others,  September  tenth 
eighteen  hundred  and  seventy-two,  wherever  said  northern  boundary  of  said 
rat cho  is  north  of  said  line  surveyed  by  said  Stratton;  on  the  east  by  the 
western  boundary  of  the  Rancho  San  Miguel,  granted  by  the  United  States 
to  J.  de  J.  Noe,  March  thirtie'.h,  eighteen  hundred  and  fifty-seven. 

Sec.  2.  That  upon  the  approval  of  this  Act  the  Commissioner  of  the 
General  Land  Office  shall  issue  a  patent  for  said  land  to  said  city  and 
county,  and  said  patent  shall  inure  to  said  city  and  couuty,  and  tbe  grantees 
of  the  same,  and  their  said  successois  in  interest,  as  a  confirmation  of  said 
city  and  county's  grants  of  said  laud. 

Sec.  3.  That  all  laws  in  conflict  with  the  provisions  of  this  Act  are 
hereby  declared  inapplicable  to  the  lauds  hereby  granted  and  relinquished. 


THE  CONSOLIDATION   ACT.  443 


TABLE 


OF  ACrS  EKLVTING  sPKcrALLY  TO  SAN  FRANCISCO,  AND  OF  GENERAL  INTEREST 
THEREIN,  OR  INVOLVING  DUTIES  OF  THE  BOARD  OP  SUPERVISORS,  WHICH 
ARE    NOT    CONTAINED    IV    THE    PRECEDING    COMPILATIO}*. 


Laws  III"  I'ai'c 

1851  J18     All  Act  couceruiug  the  office  of  Public  Admiui^trator  for 

the  Couuty  of  San   Francisco,  and  making  it  elective. 

March  8. 
1885  285     An  Act  for  Fundiuf;  the  Legal  and  Equitable  Debt  of  the 

Cit)'  of  San  Francisco,  and  for  the  tinal  redemption  of 

the  same.     May  7. 

1857  178     An  Act  to  grant  to  certain  parties  the  right  of  laying  a  rail" 

road  tr  ick  [Market  street]  along  certain  streets  within 
the  City  and  County  of  San  Francisco.  April  6. 
Amended  March  13,  1858,  64;  April  23,  1861,  232;  Sup- 
plementary Act  April  8.  1863,  226. 

200  .'^  n  Act  to  legalize  certain  conveyances.  [By  Commission- 
ers of  Funded  Debt.]     April  14. 

200  An  Act  concerning  taxes  for  the  support  of  Common 
Schools  in  the  City  and  County  of  San  Francisco. 
April  16. 

1858  73     An  Act  for  the  relief  of  the  Mountain  Lake  Water  Com- 

pany. March  18.  Supplementary  Act  February  27, 
1860,  53. 
75  An  Act  to  ratify  and  approve  Order  Number  Forty-Six  of 
the  Board  oi  Supervisors  of  the  City  and  County  of  San 
Francisco,  approved  August  sixih,  one  thousand  eight 
hundred  and  fifty-seven.  March  18.  [San  Francisco 
Water  Works.]  Amended  April  12,  1860,  169. 
84  An  Act  to  legalize  certain  conveyances  made  by  the  Com- 
missioners of  the  Sinking  Fund  of  the  City  of  San  Fran- 
cisco,    March  25, 

183  An  Act  to  provide  for  the  funding  and  payment  of  the 
outstanding  unfunded  claims  against  the  City  of  San 
Francisco,  and  against  the  County  of  San  Francisco,  as 
they  existed  prior  to  the  first  day  of  July,  A.  D.  one  thou- 
sand eight  hundred  and  fifty-six.  April  20.  Amended 
March  2,  1859,  64;  May  18,  1861,  528;  May  20,  1861,  598, 

254  An  Act  to  authorize  George  H.  Ensign  and  others  (owners 
of  the  Spring  Valley  Wnter  Works),  to  lay  down  water 
pipes  in  the  public  streets  of  the  City  and  County  of  San 
Franei.sco.     April  23.     Amended  April  11,  1859,  209. 


444  THE  CONSOLIDATION  ACT. 

Laws  of  Page 

1859  57     Au  Act  to  provido  for  a  Police  Contingent  Fund  in  and  for 

the  City  and  County  of  Srin  Francisco.     February  28. 

1")3  Au  Act  to  provide  for  the  location  of  slaughter-houses,  cor- 
rals and  cattle-pens  in  tho  City  and  County  of  San  Fran- 
cisco,    April  22. 

212  Au  Act  to  legalize  the  acknowledgments  of  instruments  in 
writing  heretofore  taken  by  any  Deputy  Clerk  of  the  hite 
Superior  Court  of  the  City  of  San  Francisco,  or  by  any 
Deputy  Recorder  within  this  State.     April  11. 

212  An  Act  to  provide  for  the  administration  of  the  Fire  Bond 
Sinking  Fund  of  the  City  and  County  of  San  Francisco 
April  11. 

355  An  Act  to  confer  further  powers  on  the  Board  of  Super- 
visors, the  Auditor  and  Treasurer  of  the  City  and  County 
of  San  Francisco,  and  to  authorize  them  to  perform  cer- 
tain acts  therein  mentioned.  [Authorizes  lease  to  Me- 
chanics' Institute.]     April  18. 

1860  101     An  Act  to  confer  further  powers  upon  the  Board  of  Educa- 

tion, and  the  Auditor  and  Treasurer  of  the  City  and 
County  of  San  Francisco;  also  amendatory  of  an  Act 
approved  April  twenty-third,  one  thousand  eight  hundred 
and  fifty-eight,  entitled  "An  Act  to  confer  further  powers 
upon  the  Board  of  Supervisors,  and  Auditor  and  County 
Treasurer  of  the  City  and  County  of  San  Francisco,  and 
to  authorize  them  to  perform  certain  acts  therein  men- 
tioned." March  15.  Supplementary  Acts,  April  10, 
1860,  160;  April  13,  1860,  174. 

1861  148     An  Act  to  provide  for  the  construction  of  a  macadamized 

road  [Bay  Shore  and  Fort  Point],  within  the  limits  of  the 
City  and  County  of  San  Francisco.  April  2.  Amended 
April  9,  1862,  161. 

187  An  Act  to  provide  for  a  railroad  within  the  City  and  County 
of  San  Francisco.  [Omnibus  Railroad.]  April  17.  Por- 
tion repealed  by  Act  of  March  28,  1863,  115.  Amended 
April  2,  1866;  1855-6,  861. 

190  An  Act  to  provide  for  street  railroads  [North  Beach  and 
Mission]  within  the  City  and  County  of  San  Francisco. 
April  17.  Supplementary  Acts,  March  28,  1863,  116; 
April  1,  1864;  1863-4,  293;  March  20,  1866;  1865-6,  306. 

193  An  Act  to  grant  to  certain  persons  the  right  of  way  for  a 
railroad  track  within  the  corporate  limits  of  the  City  and 
County  of  San  Francisco,  and  to  run  horse-cars  thereon 
April  17.  Supplementary  Act,  March  28,  1863,  116 
[North  Beach  and  Mission  Railroad.]  Amended  April 
25,  1863,  576. 


THE  CONSOLIDATION  ACT.  445 

Laws  of  I'agL' 

18iJl  2i'i     Au  Act  to  coufer  further  powers  upon  the  Board  of  Educa- 

tion of  the  City   and  County  of  ^an  Francisco,  and  for 
other  purposes  therein  mentioned.     April  23. 
24G     An  Act  granting  to  certain  parties  the  right  to  construct  a 
macadamized  road   within  the  City  and  County  of  San 
Francisco.     April  29. 

261  .\n  Act  granting  to  certain  parties  the  right  to  construct  a 

macadamized  and  turnpike  road  within  the  City  and 
County  of  San  Francisco.     April  29. 

350  An  Act  to  exemi^t  the  Citj  and  County  of  San  Francisco 
from  giving  undertakings  in  certain  cases.     May  13. 

354  An  Act  authorizing  C.  S.  Higgins  and  his  associates  and 
assigns  to  lay  down  gas  pipes  in  the  City  and  County  of 
San  Francisco.     M^iy  13. 

412  An  Act  to  authorize  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  regulate  and  license  In- 
telligence offices  in  said  city  and  county.     May  17,  1861. 

573     An  Act   concerning  jurors  in  the  City  and   County  of    San 
Francisco.     May    20.     Amended   April    27,    1863,    614. 
Amended  February  2,  1872;  1871-2,  63. 
1862  90     An  Act  to  prohibit  the  keeping  open  of  markets,  and  the 

vending  of  meats,  game,  vegetables,  or  other  market 
products,  in  the  City  and  County  of  San  Francisco,  on 
the  Sabbath  day.     March  27. 

262  An  Act  to  authorize  Robert  G.  Arthur,  his  associates  and 

assigns,  to  construct  and  keep  in  repair  certain  roads 
upon  the  San  Miguel  Eancho  and  adjoining  property,  in 
the  City  and  County  of  San  Francisco,  and  to  levy  and 
collect  tolls  thereon.     April  17. 

275  An  Act  to  authorize  D.  B.  Northrop,  Horace  Cole  and  E. 
B.  Goddard,  and  their  associates,  to  construct  a  plank 
road  or  bridge  over  the  waters  of  Mission  Bay,  in  the 
City  and  County  of  San  Francisco.  April  18.  Amended 
April  24,  1863,  414;  April  4,  1864;  1863-4,  398. 

412  \u  Act  to  provide  for  a  railroad  [Central]  within  the  City 
and  County  of  San  Francisco.  April  25.  Supplementary 
Acts,  March  28,  1863,  117;  January  30,  1864;  1863-4,  35. 

451  An  Act  to  authorize  the  Mayor  and  Board  of  Supervisors 
of  the  City  and  County  of  San  Francisco  to  construct  a 
sewer  in  Fifth  street,  and  for  that  i^urpose  to  have  sur- 
veys made,  and  to  assess  certain  lands  to  pay  the  ex- 
penses incident  thereto.     April  26. 

471  An  Act  to  authorize  Eugena  L.  Sullivan,  Nathaniel  Holland 
and  John  Benson,  and  their  associates  and  assigns,  to 
lay  down  gas  pipes  in  the  City  and  County  of  San  Fran- 
cisco.    May  2.     Amended  April  10,  1863,  247. 


446  THE  CONSOLIDATION  ACT. 

i-aws  of  Page 

1862  479     An  Act  to  prohibit  the  keeping  open  of  bath-houses,  barber 

shops  iiud  hair-dressing  saloons,  in  the  City  of  San 
Francisco,  during  certain  hours  of  the  first  day  of  the 
week,  known  as  the  Sabbath  day,  May  2. 
532  An  Act  to  grant  the  right  of  way  for  a  railroad  track 
[Van  Ness  avenue]  within  the  corporate  limits  of  the 
City  and  County  of  San  Francisco.  May  14.  Amended 
April  8,  1863,  227. 

1863  221     An  Act  to  establish  a  female  department  in  the  County  Jail 

of  the  City  and  County  of  San  Francisco.     April  8. 

330  An  Act  for  the  preservation  of  seals  or  sea  lions  at  and  near 
the  entrance  of  the  harbor  of  San  Francisco.  April  18. 
Amended  March  31,  1866;  1865-6,  633. 

362  An  Act  to  grant  the  right  of  way  for  a  railroad  track  within 
the  limits  of  the  City  and  County  of  San  Francisco  [A. 
J.  Bryant  and  others].  Amended  April  1,  1866;  1865-6, 
837. 

376  An  Act  to  provide  for  a  street  railroad  within  the  City  and 
County  of  San  Francisco,  and  other  matters  relating 
thereto.  [To  Isaac  Rowell  and  others.  ]  April  21.  Sup- 
plementary Act,  March  31,  1866;  1865-6,  602.  Amended 
March  30,  1868;  1867-8,  574;  March  13,  1870;  1869-70, 
302. 

392  An  Act  to  provide  for  the  construction  of  a  street  railroad 
and  tunnel  through  Russian  Hill,  in  the  City  and  County 
of  San  Francisco.  April  22.  Supplementary  Act,  March 
22,  1866;  1865-6,  318,  Supplemental  and  amendatory 
Act,  March  25,  1868;  1867-8,  322. 

395  An  Act  to  authorize  A.  vV.  Von  Schmidt  and  his  associates 
to  lay  down  gas  pipes  in  the  City  and  County  of  San 
Francisco.  April  22.  Supplementary  Act,  April  2,  1866; 
1865-6.  852. 

403  An  Act  granting  the  right  to  construct  and  maintain  a  rail- 
road on  certain  streets  therein  named  in  the  City  and 
County  of  San  Francisco.  [Post  street  and  Lone  Moun- 
tain.]    April  23.     Amended  April  4,  1864;  1863-4,  507. 

406  An  Act  to  provide  for  the  improvement  and  protection  of 
the  wharfs,  docks  and  water  front,  in  the  City  and  County 
of  San  Francisco.  April  24.  Amended  March  5,  1864; 
1863-4,  138. 

455  An  Act  to  authorize  William  F.  Nelson  and  his  associates 
to  lay  down  and  maintain  a  railroad  within  the  City  and 
County  of  San  Francisco.  [Front  street,  Mission  and 
Ocean.]     April  25. 


THE  CONSOLIDATION  ACT.  447 

Laws  of  Page 

1863  55(5     An  Act   to   authorize   John    F.   Hill,  "William    Bryan   and 

James  C.  Trcadwell,  their  associates  and  assigns,  to  con- 
struct and  maintain  a  certain  macadamized  road  in  the 
City  and  County  of  San  Francisco,  and  to  levy  and  col- 
lect tolls  thereon.     April  25. 

G4;)     An  Act   to   provide   for  a  railroad  through  certain  streets 
therein  named   in  the  City  and  County  of  San  Francisco. 
[F.  A.  Hassey  and  others.]     April  27. 
18C3-4  149     An  Act  to  limit  the  time  for  the  commencement  of  civil 

actions  in  certain  cases.     March  5,  1864. 

405  An  Act  to  provide  for  the  construction  of  a  macadamized 
road  [Ocean  Beach]  in  the  City  and  County  of  San 
Francisco,  and  for  the  collection  of  tolls  thereon.  April 
4,  1864.  Supplementary  Act,  February  14,  1866;  1865-6, 
98. 

421  An  Act  granting  to  cfriain  parties  the  right  to  construct  a 
macadamized  road  within  the  City  and  County  of  San 
Francisco.      [Sans*  Souci.]     April  4,  1864. 

460     An  Act  to  establish  the  lines  and  grades  of  streets  in  the 
City  and  County  of  San  Francisco.     April  4,  1864. 
1865-6  66     An  Act  to  regulate   fees  in   the  City  and  County  of    Sau 

Francisco.  February  9,  1866.  Amended  February  13, 
1872;  1871-2,  93. 

122  An  Act  concerning  the  fees  of  jurors  and  witnesses  in  the 
City  and  County  of  San  Francisco.     February  27,  1866. 

302  An  Act  to  provide  funds  for  the  School  Department  of  San 
Francisco.     March  17,  1866. 

445     An  Act  to  authorize  Charles  C.  Butler,  Junior,  G.  Foster, 
their  associates  and  assigns,  to  construct  a  wire  suspen 
siou  bridge  from  the  main  land  to  Seal  Rock,  in  the  City 
and  Coun'y  of  San  Francisco.     March  26,  1860. 

531  An  Act  authoiizing  tinal  judgments  quieting  title  to  lands 
in  the  City  and  County  of  San  Francisco  to  be  recorded. 
March  31,  1866. 

5Sb  An  Act  to  legalize  an  order  of  the  Board  of  Supervisors  of 
the  City  and  County  of  San  Francisco,  granting  the  use 
of  certain  streets  to  the  Front-street,  Mission  and  Ocean 
Bailroad  Company.     March  31,  1866. 

686  An  Act   to   authorize  the    Commissioners  cf   the   Funded 

Debt  of  the  City  of  San  Francisco  to  compromise  with 
adverse  claimants  to  certain  lots.     April  2,  1866. 

687  An  Act  authorizing  a  charge  of   the  route  of   the  North 

Beach  and  Mission  Kailroad  Company.     April  2,  1866. 


us  THE  CONSOLIDATION  ACT. 

Laws  of  Page 

1865-6  749    Au  Act  granting  to  certain  persons  therein  named  the  right 

to  lay  a  railroad  track  along  certain  streets  in  the  City 
and  County  of  San  Francisco.  [Post  street  and  New 
Potrero.]  April  2,  1866.  Amended  March  28,  1868; 
1867-8,  475. 
775  An  Act  to  provide  for  a  railroad  within  the  City  and  County 
of  San  Francisco.  [Sacramento  and  East  streets.]  April 
2,  18GG. 
849  An  Act  to  regulate  the  rates  of  fare  and  paving  on  certain 
street  railroads  in  the  City  and  County  of  San  Francisco 
April  2,  1866. 

851  All  Act  to   authorize   the   Exempt   Fire  Company  of   San 

Francisco  to  receive  and  manage  the  San  Francisco  Fire 
Department  Charitable  Fund,  and  receive  from  the  City 
and  County  of  San  Francis;  o  a  house  and  lot  for  its  use. 
April  2,  1866.     Amended  March  14,   1872;  1871-2,  359. 

852  Au  Act  to  provide  for  the  exemption  of  the  members  of  the 

San  Francisco  Fire  Department   from  military  and  jury 
duty.     April  2,  1866. 
1867-8  85     An  Act  to  change  the  present  official  grade  of  Third  street, 

from  the  southerly  line  of  Bryant  street  to  the  northerly 
line  of  King  street,  in  the  City  and  County  of  Sau  Fran- 
cisco, and  establish  the  preseut  actual  grade  thereof  as 
the  official  grade.  March  2,  1868. 
86  An  Act  to  change  the  grade  of  the  crossing  of  Jones  and 
Tyler  streets,  in  the  City  and  County  of  San  Francisco. 
March  3,  18G8. 
276  An  Act  to  provide  for  the  dockets  of  the  former  Justices  of 
the  Peace  of  the  City  and  County  of  San  Francisco,  and 
issuing  process  on  the  same.     March  4,  1868. 

278  An  Act  granting  certain  jirivileges  to  the  Front-street,  Mis- 

sion and  Ocean  Railroad  Company.     March  14,  1868. 

279  An  Act  granting  certain  privileges  to  the  North  Beach  and 

Mission  Railroad  Company.     March  24,  1868. 

283  An  Act  to  lower  the  grade  of  Sansome  street,  from  Broad- 
way street  to  Lombard  street,  in  the  City  and  County  of 
San  Francisco.     March  24,  1868. 

312  An  Act  to  authorize  Thomas  B.  Lewis,  E.  Thomas  and 
Henry  Pichior,  and  their  associates,  to  construct  and 
maintain  a  railroad  in  the  City  and  County  of  San  Fran- 
cisco.    March  25,  1868. 

323  An  Act  to  ratify  and  confirm  a  certain  assignment  made  by 
the  Folsom-street  and  Fort  Point  Railroad  Company  to 
the  Front-street,  Mission  and  Ocean  Railroad  Company. 
March  25,  1868. 


THE  CONSOLIDATION  A(;T.  449 

Laws  (if  I'ajj'e 

1867-8  37G     An  Act  to  fttaut  to   certain  persons  the  right  of  way  for  a 

railroad  track  within  the  corporate  limits  of  the  City  and 
County  of  San  Francisco  and  to  run  horse  cars  thereon, 
[To  Lloyd  Tevis  and  others.]     March  27,  18C8. 

4"24  An  Act  to  authorize  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  provide  funds  for  any 
deficit  in  the  School  Department  of  said  City  and  County. 
[Fiscal  year  18G8-69.]     March  28,  1868. 

433  Au  Act  to  empower  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  make  an  appropriation 
of  money  to  establish  the  grades  of  streets  and  avenues 
in  certain  districts  in  said  City  and  County.  March  28, 
1868. 

470  Au  Act  to  authorize  Eobert  Betge  and  others  to  lay  down 
and  maintain  a  railroad  in  the  City  and  County  of  San 
Francisco.     March  28,  18(jS. 

594  An  Act  to  authorize  the  Board  of  Supervis-ors  of  the  City 
and  County  of  San  Francisco  to  modify  the  grades  of 
certain  streets.  ["Second-street  Cut."]  March 30,  1868. 
Amendatory  and  Supplemental  Act,  February  1,  1870; 
1869-70,  41. 

607  An  Act  granting  to  the  Market-street  Railway  Company  of 
San  Francisco  certain  rights  and  privileges.  March  30, 
1868. 

669  An  Act  granting  to  the  Omnibus  Railroad  Company  certain 
rights  therein  named.     March  30,  1868. 

711  An  Act  to  authorize  the  Central  Railroad  Company  of  San 
Francisco  to  construct  and  maintain  a  railroad  witijin 
the  City  and  County  of  San  Francisco,  and  to  gram  cer- 
tain privileges  named  therein.     March  30,  1868. 

714  An  Act  to  authorize  the  Board  of  Supervisors  to  order  a 
re-survey  of  the  lines  of  Nevada  fctreet  in  the  City  of  San 
Francisco.  March  30,  1868. 
716  Au  Act  to  confer  power  upon  the  Board  of  Supervisors  of 
the  City  and  County  of  Sau  Francisco.  [To  dispose  of 
S.  F.  &  S.  J.  R.  R.  stock.]  March  30,  1868. 
1869-70  2     An  Act  to  extend  the  time  for  the  collection  of  delinquent 

taxes  in  the  City  and  County  of  San  Francisco,  upon  the 
lands  known  as  outside  lands.     December  23,  1869. 
3     Au  Act  to  extend  the  time  for  the  collection  of  the  assess- 
ments on   the  outside  lands  in  the  City  and  County  of 
San  Francisco.     December  23,  1869. 
80     An  Act  to  provide  funds  for  the  School  Department  of  the 
City  and  County  of  Sau   Francisco.     February  19,  1870. 
29 


450  THE  CONSOLIDATION  ACT. 

Laws  of  Page 

1869-70  83     An  Act  to  confirm  Oder  No.  883  of   the  Board  of  Super- 

visors of  the  City  uud  County  of  San  Francisco.  [Ex- 
change of  land  with  Edw.  Tompkins.]   February  19,  1870, 

130  An  Act  to  confer  farther  jiowers  upon  the  Board  of  Super- 
visors of  the  City  and  County  of  San  Francisco.  [To 
grade  Yerba  Buena  Park.]     March  4,  1870. 

14G  An  Act  to  provide  and  pay  for  services  rendered  for  the 
City  and  County  of  San  Francisco.  [In  the  extension 
of  Montgomery  street.]     March  4,  1870. 

213  An  Act  to  confirm  a  certain  order  passed  by  the  Board  of 
Supervisors  of  the  City  and  County  of  San  Francisco, 
and  to  authorize  said  Board  to  appropriate  money  for 
certain  purposes.  [Support  of  Eight  Hour  Labor  Ex- 
change.]    March  7,  1870. 

235  An  Act  to  provide  for  increasing  the  law  library  of  the  cor- 
poration known  as  th'^,  San  Francisco  Law  Library,  and 
to  secure  the  use  of  the  same  to  the  Courts  held  at  San 
Francisco,  the  bar,  the  City  and  County  Government, 
and  the  people  of  the  City  and  County  of  San  Francisco. 
March  9,  1870. 

216  An  Act  in  relation  to  the  Omnibus  Railroad  Company  iu 
the  City  and  County  of  San  Francisco.     March  11,  1870. 

SOT  An  Act  granting  certain  privileges  to  the  North  Beach  and 
Mission  Railroad  Company.     March  13,  1870. 

344  An  Act  to  establish  pilots  and  pilot  regulations  for  the 
ports  of  San  Francisco,  Mare  Island,  Vallejo  and  Benieia. 
March  22,  1870. 

407  An  Act  to  equalize  the  rates  of  fares  of  the  City  Railroad 
Company  with  certain  other  street  railroad  companies  in 
the  City  and  County  of  San  Francisco.     March  27,  1870. 

413  An  Act  to  authorize  the  Mayor  of  the  City  and  County  of 
Sun  Francisco  to  deed  a  certain  lot  of  land  iu  said  City 
and  County  to  the  Trustees  of  the  Associated  Veterans  of 
the  Mexican  War.     March  28,  1870. 

623  An  Act  grantiag  to  the  North  Beach  and  Mission  Railroad 

Company  certain  rights  therein  named.     April  3,  1870. 

624  An  Act  granting  certain  privileges  to  the  Central  Railroad 

Company  of  San  Francisco.  April  3,  1870. 
026  An  Act  to  authorize  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  open  and  grade  Market 
street,  in  said  city,  from  the  intersection  of  said  street 
with  Valencia  street  to  its  intersection  with  Seventeenth 
street,  and  to  condemn  private  property  for  the  roadwaj' 
of  said  street.  April  2,  1870.  Act  amendatory  and  sup- 
plementary, April  1,  1872;  1871-2,  739. 


TH1>  CONSOLIDATION  ACT-  451 

Laws  ill  !•,..,, 

IHG'J-IO  Col  An  Act  to  define  and  establish  the  line  and  width  of  East 
street,  between  Market  street  and  Clay-street  wharf,  in 
the  City  and  County  of  San  Francisco.     April  2,  1870. 

tlTii  An  Act  granting  certain  privileges  to  the  Potrero  and  Bay 
View  Railroad  Company.     April  4,  187U. 

701  An  Act  to  submit  to  the  qualified  electors  of  the  City  and 
County  of  San  Francisco  a  proposition  to  remit  said 
City  and  County's  portion  of  all  taxes  on  moneys  re- 
ceived by  savings  institutions,  banks  and  loan  societies 
secured  by  mortgage.     April  4,  1870. 

711  An  Act  to  create  a  Commission  to  examine  and  determine 
the  validity  of  certain  assessments  and, contracts  for  street 
work  in  the  City  and  County  of  San  Francisco.  April  4, 
1870. 

72S  An  Act  to  authorize  the  Saucelito  Land  and  Ferry  Com- 
pany to  establish  and  maintain  a  public  ferry  between 
Marin  County  and  the  City  and  County  of  San  Francisco. 
April  4,  1870. 

738  An  Act  to  provide  for  the  erection  of  a  City  Hall  in  the  City 
and  County  of  San  Francisco.     April  4,  1870. 

782  An  Act  to  determine  the  lines  and  grades  of  streets,  ave- 
nues, highways  and  lanes,  in  the  City  and  County  nf 
San  Francisco.     April  4,  1870. 

815     An  Act  concerning  gas  companies.     April  4,  187U. 
1S71-2  43     An  Act  to  authorize  certain  appropriations  of  monej' by  the 

Board  of  Supervisors  of  the   City  and  County  of  San 
Francisco.     February  1,  1872. 
45     An  Act  to   authorize  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  close  up  Margaret  street, 
in  said  City  and  County.     February  1,  1872. 

18U  An  Act  to  repeal  an  Act  entitled  "An  Act  to  make,  open, 
and  establish  a  public  street  in  the  City  and  Count\'  of 
San  Francisco,  to  be  called  Montgomery  Avenue,  and  to 
take  private  lauds  therefor,"  approved  March  twenty- 
ninth,  eighteen  hundred  and  seventy,  and  to  provide  for 
the  payment  of  the  expenses  incurred  under  said  Act. 
March  1,  1872. 

234  An  Act  to  authorize  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  sell  and  convey  a  certain 
piece  of  land  comprising  Old  Cemetery  Avenue  and  the 
triangular  plaza  reserved  by  the  Outside  Laud  Commit- 
tee, up  to  the  new  Cemetery  Avenue,  and  for  other  pur- 
poses.    March  4,  1872. 


452  THE  CONSOLIDATION  ACT. 

Laws  of  Page 

1871-2  301)     Au  Act  to  change  the  name  of   the  Front-street,  Mission 

and  Ocean  Eailroad  Company.  [To  Sutter-street  Railroad 
Company.]     March  8,  l»-72. 

303  Au  Act  to  authorize  the  Trustees  of  the  Associated  Veterans 
of  the  Mexican  War  to  exchange  certain  lands  for  certain 
other  property  belonging  to  said  City  and  County,  or  for 
a  lease  of  such  property.     March  14,  1872. 

513  An  Act  to  authorize  the  Mayor  of  the  City  and  County  of 
San  Francisco  to  convey  certain  lauds  to  the  Sau  Fran- 
cisco Lyiug-in  Hospital  and  Foundling  Asylum.  March 
23,  1872. 

646  Au  Act  to  repeal,  in  part,  an  Act  entitled  "An  Act  to  make, 
open,  and  establish  a  public  street  in  the  City  and  County 
of  San  Francisco,  to  be  called  Montgomery  Street  South, 
and  to  take  private  lands  therefor,"  approved  March 
seventeenth,  eighteen  hundred  and  seventy,  and  to  pro- 
vide for  the  payment  of  the  expenses  incurred  under  said 
Act.  [Repealed  as  to  portion  south  from  Howard  street.] 
March  28,  1872. 

681  An  Act  to  regulate  the  practice  of  pharmacy  in  the  City  and 
County  of  San  Francisco.  March  28,  1872.  Amended 
March  31,  1876;  1875-6,  583. 

703  An  Act  to  provide  for  the  support  of  men  belonging  to 
the  "Paid  Fire  Department"  of  the  City  and  County 
of  San  Francisco  who  may  be  disabled  in  the  perform- 
ance of  their  duties. 

722  Au  Act  to  vacate  certain  streets,  alleys  and  market  places 
in  the  City  and  County  of  Sau  Francisco,  and  to  donate 
the  same  and  other  tide  lauds  belonging  to  the  Slate  of 
California  to  said  City  and  County  of  San  Francisco  for 
commercial  purposes,  and  other  matters  relating  thereto. 
March  30,  1872.     Amended  March  11,  1874;  1873-4,  359. 

728  Au  Act  to  authorize  the  Board  of  State  Harbor  Commis- 
sioners to  set  apart  a  portion  of  the  water  front  of  the 
City  and  County  of  San  Francisco  for  certain  purposes. 
[For  use  of  fishermen.]     March  30,  1872. 

761  x\n  Act  granting  certain  privileges  to  the  North  Beach  and 

Mission  Railroad  Company.     March  30,  1872. 

762  An  Act  to  authorize  the  Board  of  Supervisors  of  the  City 

and  County  of  San  Francisco  to  appropriate  money  for 
the  improvement  of  Washington  Plaza,  in  said  City  and 
County.     March  30,  1872. 


THE  CONSOLIDATION  ACT.  453 

L,nv<,.:  r.i.- 

1871-72  7ii">  An  Act  to  authorize  the  convej'ixnce  of  a  certain  lot  of  laud 
in  the  City  and  County  of  San  Francisco  to, the  San 
Francisco  Ladies'  Protection  and  Relief  Society.  March 
30.  1872. 
.  77.5  An  Act  to  enable  the  City  and  County  of  San  Francisco  to 
conform  to  so  much  of  the  Political  Code  as  relates  to 
the  public  revenue.     March  30,  1872. 

77ii  An  Act  to  amend  an  Act  entitled  "An  Act  to  regulate  fees 
in  office,"  approved  April  tenth,  eighteen  hundred  and 
lifty-five.     [Regulates  fees  of  Sheriff.]     March  30,  1872. 

77!)  An  Act  for  the  correction  of  errors  and  omissions  in  the 
official  proceedings  relative  to  certain  contracts  for  street 
work  in  the  City  and  County  of  San  Francisco,    March  30, 

880  An  Act  to  provide  and  pay  for  services  rendered  the  City 
and  County  of  San  Francisco.  [Under  resolutions  No, 
6371  and  7500.]     April  1,  1872. 

901  An  Act  to  confer  further  powers  upon  the  Board  of  Super- 
visors  of  the  City  and  County  of  San  Francisco.  [Ap- 
propriation to  establish  grades  south  of  Islais  Creek.] 
April  1,  1872. 
.  909  An  Act  to  authorize  the  Commissioners  of  the  Funded  Debt 
of  the  City  of  San  Francisco  to  transfer  certain  funds 
and  property  to  said  City.     April  1,  1872. 

01]  An  Act  to  open  and  establish  a  public  street  in  the  City 
and  County  of  San  Francisco,  to  be  called  "  Montgomery 
Avenue,"  and  to  take  private  lands  therefor.  April  1, 
1872.     Supplementary  Act,  March  23,  187l;  1873-4,  522, 

926  An  Act  to  provide  for  the  construction  of  an  open  canal 
through  Channel  street  and  Mission  Creek,  in  the  City 
and  County  of  San  Francisco,  for  sanitary  purposes,  and 
for  the  taking  of  private  lands  for  i^ublic  use.  April  1, 
1872. 

949  An  Act  to  repeal  an  Act  entitled  "An  Act  authorizing  the 
condemnation  of  private  property  within  the  limits  of  the 
Laguna  Survey,"  approved  March  tweutj'-fifth,  eighteen 
hundred  and  seventy,  and  to  provide  for  the  payment  of 
the  expenses  incurred  under  said  Act.  April  1,  1872. 
1873-4  192     .Vn  .Vet  entitled  an  .Vet  to  authorize  the  closing  of  certain 

streets  in  the  City  and  County  of  San   Francisco.     [For 
Agricultural  Fair  ground.]     February  28,  1874. 

272  An  Act  to  authorize  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  sell  and  convey  a  certain 
piece  of  land  comprising  old  .Cemetery  Avenue  and  the 


454  THE  CONSOLIDATION  ACT. 

Lawsot  I'iio''' 

1873-4  triangular  plaza,  reserved  by  the  Outside  Land  Coniiuit- 

tee,  up  to  Central  avenue,  and  for  other  purposes.  March 
4,   1874. 

:'CC  Au  Act  to  define  the  Senatorial  and  Assembly  Districts  of 
this  State,  and  to  apportion  the  representation  thereof. 
March  IG,  1874. 

432  Au  Act  authorizing  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  examine  and  pay  certain 
claims.  [For  labor  and  materials  on  new  hospital.  ] 
March  18,  1874. 

487  An  Act  to  ratify  and  confirm  ceitain  ordinances  and  resolu- 
tions of  the  Board  of  Supervipors  of  the  City  and  County 
of  San  Francisco,  and  certain  contracts  and  assessments 
for  street  work  in  said  City  and  County.     March  19,  1874. 

."i74  Au  Act  authorizing  the  Board  of  Education  of  the  City  ind 
County  of  San  Francisco  to  exchange  a  lot  of  land  in 
said  City  and  County.     March  24,  1874. 

588  An  Act  to  ratify  and  confirm  certain  ordinances  and  resolu. 
lions  of  the  Board  of  Supervisors  of  the  Citj'  and  County 
of  San  Francisco,  and  certain  contracts  and  assessments 
for  street  work  in  said  City  and  County.     March  25, 1874. 

~>>ii>  An  Act  to  legalize,  ratifj'  and  confirm  certain  orders  and 
resolutions  cl  the  Board  of  Supervisors  of  the  City  and 
County  of  San  Francisco,  and  the  contracts  made  there- 
under.    March  25,  1874. 

500  An  Act  to  legalize  the  grades  of  certain  streets  in  the  City 
and  County  of  San  Francisco.  [Small  streets,  etc.,  dedi- 
cated January  30,  1866.]     March  25,  1874, 

711  Au  Act  to  confer  additional  powers  upon  the  Board  of  Su- 
pervisors of  the  City  and  County  of  San  Francisco,  and 
upon  the  Auditor  and  Treasurer  thereof,  and  to  authorize 
certain  appropriations  of  money  by  said  Board.  [Chan- 
nel street  and  sewer.]  March  27,  1874.  Supplemental 
Act,  February  1876  ;  1875-6,  74. 

730  An  Act  to  authorize  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  pay  the  damages  awarded 
to  certain  owners  of  property  in  the  matter  of  the  opening 
of  Second  street  (commonly  known  as  the  Second  cut). 
March  29,  1874, 

789  An  Act  to  ratify  and  confirm  Order  Number  Eleven  Hun- 
dred and  Thirty-nine  of  the  Board  of  Supervisors  of  the 
Cily  and  County  of  San  Francisco.     March  30,  1874. 


THE  CONSOLIDATION  ACT.  45-", 

1873-4  .st)7     Au  Act  to  autLorize  tho  City  and  Couuty  of  San  Francisco 

to  provide  and  maintain  public  waterworks  for  said  City 
and  County,  and  to  condemn  and  purchase  private  prop- 
erty for  that  purpose.  March  30,  1874.  [See  a  later  Act 
with  same  title,  supplement  LXXX,  ante.']  • 

828  An  Act  to  abolish  the  Board  of  City  Hall  Commissioners- 
and  to  provide  for  the  continuance  of  the  construction  of 
the  City  Hall  of  the  City  and  County  of  San  Francisco. 
Mwrch  ;iO,  1874.  Supplemental  Act,  April  3,  1870;  1875-(i, 
8()3. 

Nli)  An  Act  to  authorize  the  Board  of  Supri- isors  of  the  Citj- 
and  County  of  San  Francisco  to  lease  a  school  lot  in  said 
City  and  County,  and  to  authorize  the  issuance  of  school 
bonds  for  the  purchase  of  sites  and  the  erection  of  school 
buildings  in  said  City  and  Couuty.     March  30,  1874. 

.s51  Au  Act  granting  certain  i)rivil(  ges  to  the  North  Beach  and 
Mission  llailroad  Company.     March  30,  1874. 

88C>  An  .-Vet  to  legalize  and  confirm  certain  ordinances  passed 
and  contracts  made  by  the  Board  of  Supervisors  of  the 
City  and  County  of  San  Francisco,  relative  to  the  removal 
of  dead  animals  from  the  city  limits.     March  28,  1874. 

'.Mi7     An  Act  relative  to  the  City  Hall  Commissioners  of  San 
Francisco.     [Actions  against.]     March  30,  1874, 
1873  -I  1>:!0     An  Act  to  provide  for  the  execution  and  delivery  of  deeds 

to  purchasers  of  City  Hall  lots  in  the  City  and  Couuty  of 
San  Francisco.     March  30,  1874. 
l87o-G  400     An  Act  to  require  the  ex-Tax  Collectors  of  the  City  and 

County  of  San  Francisco  to  pay  into  the  treasury  of  said 
City  and  County  certain  moneys  retained  by  them.  March 
'.i3,  1876. 

433  Au  Act  to  authorize  the  widening  of  Dupout  street,  in  the 
City  of  San  Francisco.     March  23,  1876. 

443  An  Act  to  confer  further  powers  upon  the  Board  of  Super- 
visors of  the  City  and  County  of  San  Francisco  and  upon 
the  Auditor  and  Treasurer  thereof.     March  24,  1876. 

496  An  Act  for  the  appointment  of  Inspector  of  Stationary 
Steam-boilers  and  Steam-tanks,  and  for  the  better  se- 
curity of  life  and  property  in  the  City  and  County  of 
San  Francisco.     March  27,  187G. 

500  An  Act  to  modify  the  grades  of  certain  streets  in  the  City 
and  County  of  San  Francisco.     March  27,  1876, 

525  An  Act  granting  certain  privilegrs  to  the  North  Beach  and 
Mission  Fiailroad  Company.     March  28,  1876. 


45'5  THE  CONSOLIDATION  ACT. 

Laws  of  Page 

1875-6  503     An  Act  to  provide  for  the  openinf»  and  extending  of  Leides- 

dorff  street,  in  the  City  and  Counti'  of  San  Francisco. 
March  30,  1876. 

610  An  Act  to  authorize  the  President  and  Secretary  of  the 
Exempt  Fire  Company  of  the  City  and  County  of  San 
Francisco  to  administer  oaths  in  certain  cases.  March 
31,  1876. 

691  An  Act  granting  to  the  Omnibus  Railroad  Comj)any  certain 
rights  therein  named.     April  1,  1876. 

753  An  Act  to  change  and  modify  the  grade  and  to  provide  for 
the  grading  and  regrading  of  certain  portions  of  Mont* 
gomery  avenue,  and  of  certain  portions  of  certain  streets 
intersecting  Montgomery  avenue,  in  the  City  and  County 
of  San  Francisco.     April  3,  1876. 

762  An  Act  to  open,  establisli,  grade,  and  macadamize  a  public 
street  in  the  City  and  County  of  San  Francisco,  known 
and  to  be  called  Fifteenth  Avenue  Extension,  and  to  take 
private  lands  therefor,  and  to  build  and  construct  abridge 
over  and  across  Islais  Creek,  in  said  City  and  County, 
April  3,  1876. 

772     An  Act  to  open  and  establish  a  public  street  in  the  Citj- 

and   County  of   San   Francisco,  to  be  called  "Seventh 

Street;"  to  take  private  lands  therefor;   and  to  grade > 

1875-6  macadamize  and  improve  a  portion  of  Seventh  street, 

and  to  construct  a  bridge  thereon.     April  3,  1876. 

820  An  Act  to  provide  for  the  collection  of  delinquent  taxes 
for  the  twenty-fourth,  twenty-fifth,  and  twenty-sixth  fis- 
cal years,  in  the  City  and  County  of  San  Francisco. 
April  1,  1876. 

865  An  Act  providing  for  the   removal   of    the    mains    of   de- 

ceased persons  interred  in  California  street,  west  of  Lyon 
street,  in  the  City  and  County  of  San  Francisco,  and  for 
the  grading  of  California  street,  between  Lyon  street 
and  First  avenue,  in  said  City  and  County.  April  3,  1876. 

866  An  Act  to  open  and  establish  a  public  street  in  the  City 

and  County  of  San  Francisco,  to  be  called  "Sixth  Street;" 
to  take  private  lands  therefor;  and  to  grade,  macadamize, 
and  improve  a  portion  of  Sixth  street,  and  to  construct  a 
bridge  thereon  across  Channel  street.  April  3,  1876. 
003  An  Act  to  provide  for  the  collection  of  delinquent  ^taxes  in 
the  City  and  County  of  San  Francisco.  April  3,  1876. 
[Fiscal  year  1868-9.] 


THE  CONSOLIDA.TION  ACT.  457 

Laws  of  I'rts;-^ 

1)05  Au  Act  to  aiilboiize  the  compromise  of  certain  litigation 
CODC. ruiDf»  a  portion  of  the  water  front  of  the  City  and 
County  of  Saa  Francisco.  April  3,  187G. 
1877-8  47  An  Act  to  authorize  certain  appropriations  of  money  by 
the  Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco.  [Deficiency  for  hydrants  and  House  of  Cor- 
rection.] January  25,  1878. 
QG  An  Act  to  authorize  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  make  provision  for  de- 
ficiency in  the  Street  Department  Fund  for  fiscal  year 
1877-8.  February  1,  1878. 
70  An  Act  to  confer  additional  powers  upon  the  Board  of  Su- 
pervisors of  the  City  and  County  of  San  Francisco,  and 
upon  the  Auditor,  Treasurer,  and  Superintendent  of 
Public  Streets,  Highways  and  Squares  thereof,  and  to 
authorize  the  appropriation  of  money  by  said  Board* 
[Grading  Lobos  Square.]     February  6,  1878. 

7S  An  Act  to  confer  additional  powers  upon  the  Board  of  Su- 
pervisors of  the  City  and  County  of  San  Francisco,  and 
upon  the  Mayor,  Auditor  and  Treasurer  thereof,  and  to 
authorize  certain  appropriations  of  money  by  said 
Board.     [For  park  improvements.]     February  14,  1878. 

259     An  Act  to  ratify  and  validate  a  certain  contract  of  the  City 

and  County  of  San  Francisco.    [Swift  and  Spring  Valley.] 

March  13,  1878. 
263     An  Act  concerning  the  water  front  of  the  City  and  County 

of   San  Francisco.     March  15,  1878. 
278     An  Act  granting  certain  privileges  to  the  North  Beach  and 

Mission  Kailroad  Company.     March  IC,  1878. 

321     An  Acl  for  the  relief  of  Joseph  O'Neil. 

338  An  Act  to  ratify  and  confirm  Order  No.  1404  of  the  Board 
of  Supervisors  of  the  City  and  County  of  San  Francisco. 
March  19,  1878. 

338  An  Act  to  legalize  the  a.ssessment  of  taxes  in  the  City  and 
County  of  San  Franeis-co  and  to  ratify  and  confirm  a  res- 
olution of  the  Board  of  Supervisors  of  the  City  and 
County  of  San  Francisco. 

35G  An  Act  conferring  additional  powers  upon  the  Board  of 
Supervisors  and  the  Auditor  and  Treasurer  of  the  City 
and  County  of  San  Francisco.  [For  the  payment  of  old 
city  warrants.]     March  20,  1878. 


ioS  THE   CONSOLIDATION  ACT. 

raws<if  I'ago 

1877-S  372     Au  Act  to  empower  and  direct  the  Board  of  Supervisors  of 

tbo  City  aud  County  of  Sau  B'ruuciseo  to  build  a  draw- 
L  ridge  over  Cbanuel  Street,  at  the  intersectiou  of  Sixth 
Street.  March  20,  1878. 
417  An  Act  to  confirm  the  title  to  certain  property  on  the  water 
front,  in  the  City  and  County  of  San  Francisco.  March 
23.  1878. 

426  An  Act  to  authorize  the  settlement  of  certain  taxes  due  on 

certain   portions  of  the  Lick  estate,  and  to  cancel  the 
liens  against  the  same.     March  23,  1878. 

427  An  Act  to  confer  further  powers  upon   the  Board  of  New 
,  City   Hall  Commissioners  for  the   City  and   County  of 

San  Francisco.     March  23,  1878. 
533     An  Act  to  create  Hastings'  College  of  the  Law  in  the  Uni- 
versity of  the  State  of  California.     March  2G,  1878. 

i")Cl  An  Act  to  authorize  the  Trustees  of  the  Independent  Order 
of  Odd  Fellows,  of  the  City  and  County  of  San  Fran- 
cisco, to  lease  the  lot  of  land  in  the  City  and  County  uf 
San  Francisco  held  by  said  Trustees  for  the  Indepen- 
dent Order  of  Odd  Fellows  of  said  city.  March  27, 
]878. 

597  An  Act  to  confer  additional  powers  upon  the  Board  of  Su- 
pervisors of  the  City  aud  County  of  San  Francisco,  and 
upon  the  Auditor.and  Treasurer  thereof,  and  to  author- 
ize certain  appropriations  of  money  by  said  Board,  to 
pay  certain  deficiencies  in  the  General  Fund  of  said  City 
and  County. 

027  An  Act  amendatory  of  aud  supplemental  to  an  Act  en- 
titled *' An  Act  to  create  a  City  Criminal  Court  in  and 
for  the  City  and  County  of  San  Francisco,  to  define  its 
powers  and  jurisdiction,"  apjAoved  A^Dril  the  third, 
1876.     March  28,  1876. 

801  An  Act  for  the  relief  of  Henry  F.  Williams,  and  to  provide 
for  the  payment  of  certain  moneys  equitably  due  said 
Williams.     March  30,  1878. 

t02  An  Act  to  provide  for  the  opening  and  extending  of  Te- 
hama Street,  in  the  City  and  County  of  San  Francisco. 
March  30,  1878. 

818  An  Act  to  grant  the  right  of  way  for  a  railroad  track  within 
the  limits  of  the  City  and  County  of  San  Francisco. 
[Grant    to   J.  H.  Turuey,  J.  Britton  et  al.]     March  30, 

1878. 


THE  CONSOLIDATION  ACT.  4-39 

1877-8  SW     An  Act  to  authorize  the  Boanl  of   Supervisora  of  the  City 

and  Cotmty  to  innke  provision  for  any  deficiency  in  the 
street  deparlment  fund  of  the  fiscal  year  1878.  March 
•■JO,  1878. 

831  An  Act  to  further  define  the  judicial  districts  in  the  City 
and  County  of  San  Francisco.     March  30,  1878. 

I'l")  An  Act  conferring  further  powers  upon  the  Board  of  Super- 
visors of  the  City  and  County  of  San  Francisco.  [Penn- 
sylvania Avenue.]     April  1,  1878. 

0-23  An  Act  to  authorize  the  Board  of  Supervisors  of  the  City 
and  County  of  San  Francisco  to  open  Valencia  street,  in 
said  City  and  County,  from  a  point  about  400  feet  north 
of  Mission  street  to  the  northwesterly  lino  of  Mission 
street,  and  to  condemn  property  for  the  roadway  of  said 
street.     April  1,' 1878. 

',130  An  Act  to  authorize  certain  appropriations  of  money  by  the 
Board  of  Supervisors  of  the  City  and  County  of  San 
Francisco.     [Green  claim.]     March  30,  1878. 

932  An  Act  to  estabhsh  and  open  Montgomery  Street  South,  in 
the  City  and  County  of  San  Francisco,  and  take  private 
la-  Is  therefor.     April  1,  1878. 

1)43  An  Act  to  confer  further  powers  upon  the  Board  of  Super- 
visors of  the  City  and  County  of  San  Francisco,  and  upon 
the  Auditor  and  Treasurer  thereof,  and  to  authorize  cer- 
tain appropiiaiions  of  money  by  said  Board.  [Washer- 
woman's Bay.]     April  1,   1878. 

96G  Aj^  Act  for  the  improvement  of  certain  reservations  in  the 
City  and  County  of  San  Francisco.     April  1,  1878. 

9'J9  An  Act  to  confer  further  powers  upon  the  Board  of  Super- 
visors of  the  City  and  County  of  San  Francisco.  [Claim 
of  M.  J.  Kelly.]  April  1,  1878. 
lOJd  An  Act  to  protect  public  health  from  infection  caused  by 
exhumation  and  removal  of  the  remains  of  deceased  per- 
sons. April  1,  1878. 
iShii  13     An  Act   to  appropriate  money  for  the  support  of  orphans, 

half  orphans,  and  abandoned  children.     March  25,  1880. 
15     An  Act  to  promote  emigration  from  the  State  of  California. 

March  26,  1880. 
20     An  Act  to  provide  for  the  receipt  and  appropriation  of  do- 
nations to  the  State,  or  counties,  or  cities  and  counties, 
or  cities  or  counties  therein.     April  3,  1880. 
23     An  Act  relating  to  the  appointment  of  aliens  to  positions 
under  the  State,  county,  city  and  county,  city  or  town 
officials,     pril  3,  1880. 


4G0  THE  CONSOLIDATION  ACT. 

Laws  of  Vaj;c. 

1880  3'J     An  Act  to   prohibit  the  issuance   of  licenses  to  aliens  not 

eligible  to  become  electors  of  the  State  of  California. 
April  12,  1880. 

52  An  Act  for  the  promotion  of  th5  viticultiaral  industries  of 
the  State.     April  15,  1880. 

02  An  Act  to  form  agricultural  ciish-icts,  to  provide  for  the 
organization  of  agricultural  associations  therein,  and  for 
the  management  and  control  of  the  same  by  the  State, 
April  15,  1880. 

77  An  Act  relating  to  the  intoxication  of  officers.  April  15, 
1880. 

102  An  Act  to  authorize  Boards  of  Supervisors  to  pay  the  ex- 
penses of  posse  comitatus  in  criminal  cases.  April  16, 
1880. 

136  An  Act  prescribing  the  form  of  complaint  in  actions  to  re- 

cover delinquent  taxes,  and  to  authorize  the  bringing  of 
suits. 

137  An  Act  to  provide  for  the  organization,  incorporation  and 

government  of  merged  and  consolidated  cities  and  coun- 
ties of  more  than  one  hundred  thousand  population,  pur- 
.suant  to  the  provisions  of  Section  Seven  of  Article  Eleven 
of  the  Constitution  of  this  State.  April  24,  1880.  [De- 
clared unconstitutional.     Desmond  v.  Dunn,  55  Cal.,  242. 

1881  3     An  Act  releasing  to  William  Scholle  and  his  assigns  certain 

lands  in  San  Francisco,  and  authorizing  the  Governor  to 
make  conveyances  thereof.     February  15,  1881. 

75  An  Act  to  appropriate  money  for  the  purchase  of  a  steam 

launch  for  the  Quarantine  Officer  of  the  Port  of  San 
Francisco.     March  14,  1881. 

76  An  Act   to  confer  power  upon  Supervisors,  or  other  gov- 

erning bodies  of   counties,  and   cities  and   counties,  to 
extend  and  complete  all  main  intercepting  sewers  hereto- 
fore partially  constructed.     March  14,  1881, 
1883  63     An  Act  fixing  jurisdiction   and  iiroviding  compensation  for 

Justices  of  the  Peace  in  cities  and  towns.  March  9, 1883. 
93  An  Act  to  repeal  an  Act  entitled  "  An  Act  to  amend  an 
Act  to  regulate  the  practice  of  pharmacy  in  the  City  and 
County  of  San  Francisco,"  passed  March  28,  1872,  and 
passed  by  the  State  Legislature  February  3,  1876. 
280  An  Act  to  protect  the  public  health,  to  prevent  the  intro- 
duction and  spreading  of  disease,  and  to  provide  for  the 
protection  of  the  health  of  criminals  under  sentence,  if 
on  conviction  of  a  misdemeanor.     March  13,  1883. 


THE  CONSOLTDATFON  ACT.  461 

Laws  of  rage 

1883  289     All  Act  to  create  and  establish  a  State   Board  ot  Horti- 

culture, and  to  appropriate  mouey  for  the  expenses 
thereof,     March  13,  1883. 

375  An  Act  for  submitting  to  a  vote  of  the  cjualified  electors  of 
a  county,  or  city  and  county,  a  proposal  to  issue  bonds. 
March  15,  1883. 

380  An  Act  to  appropriate  money  for  the  support  of  aged  per- 
sons in  indigent  circumstances.     March  15,  1883. 

1884  8     An  Act  to  provide  for  funding  the  indebtedness  of  counties 

in  certain  cases.     March  S,  1884. 

1885  6     An  Act  to  provide  for  compiling,  illustrating,  electrotyping, 

printing,  binding,  copyrighting  and  disti-ibutiug  a  State 
series  of  school  text  books,  and  appropriating  money 
therefor.     February  26. 

13  An  Act  to  require  the  payment  of  certain  premiums  to 
counties,  and  cities  and  counties,  by  fire  insurance  com- 
panies not  organized  under  the  laws  of  the  State  of  Cali- 
fornia, but  doing  business  therein,  and  providing  for  the 
disposition  of  such  premiums.     March  3,  1885. 

31     An  Act  concerning  municipal  corporations.    March  3,  1885. 

34  An  Act  to  provide  for  the  commitment  of  persons  convicted 
of  crime  to  the  House  of  Correction.     March  9,  1885. 

45     An  Act  regulating  the  height  of  division  fences  and  par- 
tition walls  in  cities  and  towns.     March  9,  1885. 
126     An   Act  to  allow  compensation  to  Sheriffs  for  conveying 
prisoners  to  the  State  Prisons,  and  insane  persons  to  the 
Insane  Asylums.     March  14,  1885. 

195  An  Act  to  amend  an  Act  entitled  "An  Act  to  establish  a 
uniform  system  of  county  and  township  governments," 
approved  March  14,  1883,  by  amending  Section  162  of 
said  Act  relating  to  the  classification  of  counties.  March 
18,  1885. 

211     An  Act  authorizing  the  Board  of  Supervisors  of  a  county 
having  a  bonded  debt  to  refund  such  debt  at  a  less  rate 
of  interest. 
1887  145     An  Act  to  amend  an  Act  entitled  "An  Act  to  provide  for 

compiling,  illustrating,  electrotyping,  printing,  binding, 
copyrighting  and  distributing  a  State  series  of  school  text 
books,  and  appropriating  money  therefor,"  approved 
Ftbruary  27,  1885.    i March  15,  1887. 

171  An  Act  to  add  a  new  section  to  the  Political  Code,  to  be 
numbered  three  thousand  two  hundred  and  thirty-five, 
relatirg   to   furnishing   supplies   under   contract   to    all 


4C2  THE  CONSOLIDATION  ACT. 

Law;  ol  Piitio 

1887  public  iustitutions  under  the  control  of  the  State,  or  of 

any   county,   city   and    county,    city   or    town    thereof. 
March  17.  1887. 

12  An  Act  to  amend  section  three  hundred  and  seventy-three 
of  an  Act  entitled  "  An  Act  to  provide  for  the  organiza- 
tion, incorporation  and  government  of  municipal  corpo- 
rations," approved  March  IIJ,  1883,  relating  to  the 
formation  of  such  cori^orations,  and  the  pleading  and 
proof  of  the  organization  thereof  required  in  every  civil 
or  criminal  action,  and  the  number  of  voters  required  at 
elections  held  to  determine  the  question  of  incurrinj:^ 
municipal  indebtedness.     March  4,  1887. 

15  An  Act  to  amend  an  Act  entitled  "  An  Act  to  require  the 
payment  of  certain  premiums  to  counties,  and  cities  and 
counties,  by  fire  insurance  companies  not  organized 
under  "the  la<rs  of  the  State  of  California,  but  doing  busi- 
ness therein,  and  providing  for  the  disposition  of  such 
premiums,"  approved  March  3,  1885,  by  adding  a  new 
section  thereto.     March  4,  1887. 

81  An  Act  authorizing  County  Clerks  in  this  State  to  take  and 
certify  to  affidavits  for  United  States  pension  claimants, 
without  the  payment  of  fees  or  compensation  therefor. 
March  10,  1887. 

79  An  Act  to  amend  section  sevei*  hundred  and  ninety-one  of 
an  Act  entitled  "An  Act  to  establish  a  Political  Code," 
approved  March  12,  1872,  relating  to  Notaries  Public. 
March  9,  1887. 
110  An  Act  to  protect  life  and  projperty  against  the  careless  and 
malicious  use  or  handling  of  dynamite  and  other  explo- 
sives.    March  12,  1887. 


HAEBOK  OF  SAN  FKANCISCO. 

The  laws  creating  a  Board  of  State  Harbor  Commissioners  and  regulating 
the  duties  thereof  are  found  in  the  Political  Code,  Sections  2520  to  2553, 
inclusive. 

The  laws  regulating  Pilots  and  Pilot  Commissioners  are  found  in  the  Po- 
litical Code,  Sections  2429  to  2491,  inclusive. 

The  laws  regulating  Port  Wardens  are  found  in  the  Political  Code,  Sections 
2501  to  2511,  inclusive. 


INDEX 


,\ 


Abponce  of  Chief  of  Police 'J 

Treasurer 2J 

Autlitpi- 25 

Supervisor U- 

other  officers 23 

Accepted  streets,  w  'i-k  on 21i 

materials  for  said  worli  213 

Accidents,  contractors  reciuired  tu  jirevent  ..  5o 
Acids  and  explosives,  in  relation  to  manufac- 
ture of 19.'' 

Advertisements  for  bids,  Iiow  published 224 

appropriation  for 254 

Allowance    of    demands   by  Supervisors  or 

Auditor,  no  warrant  to  Treasurer 24 

Almshouse,  appropriation  for 2J 

articles  manufactured  at ■ 245 

rules  and  regulations  for 82 

contracts  for  inmates 8ij 

admission  of  inmates 83 

sale  of  property  by  Mayor 83 

Amusements,  regulation  of 55 

Annual  reports  by  oHiciala 13 

A  ppea'  — 

City    and    County   may  appeal  without 

bonds 5 

to  Board  of  Education  or  Sui)ervisors 17 

on  account  of  demands  on  Treasury 27 

opinion  of  District  Attoi nty  may  be  re- 
quired   27 

Appropriations,  unexpended 20;i 

Army  street,  opening  of 231 

Assembly  Districts 345 

Assessments  valid  in  part  and  void  in  part. .  .395 

Assessment  book,  what  to  contain 370 

duplicate 385 

Assessor,  deputies  of 112 

duties  of 36 


Assessor-  Pagi- 

liable  for  unassessed  property 373 

proceedings  if  insuttlcient  deputies   are 

allowed 333 

settlement' with  Auditor 3'.I7 

collection  of  polltaxes 3'.'i 

percentage  on  polltaxes  3'.''.'' 

salary  of 47 

Attorney  and  Counselor- 
providing  for .'1 

clerks  of 1  :. 

allowed  an  assistant . ! "o 

Attorney,  District.     (See  District  .Vttornf.v.) 
Auctioneer  of  Tax  Collector,  conipen.«ation. .  45 

Audited,  definition  of 23 

Auditor,  duties  of 25 

in  relation  to  revenue 334 

in  relation  to  licenses ». .  .147 

assistance  in  otHce  of 145 

to  publish  .statement  of  nuances 1',' 

audit  of  demands 23 

salary  of 47 

appeals  from 27 

salary  of  clerk  of 53 

member  of  Board  of  City  Hall  Comuiis- 

sioners 1% 

member  of  Board  of  Election  Commis- 
sioners   332 

(See  also  Revenue  and  Taxatinn.) 
Autopsies,  by  whom  made ■•."> 


] 


Barriers,  contractors  to  erect m, 

Bay  street,  grade  of .2C2 

Benevolent  Association,  payment  from  Po- 
lice Fund 122 

Bequests,  cities  and  comities  may  receive 2sii 

Park  Commissioners  may  accept ' 311 

Board  of  Education.    (See  Education,  Board 
of). 


404 


THE  CONSOLIDATION  ACT. 


I'iige 

Board  of  Election  C'oiiiinissioiiers 332 

Board  of  Ktiualization,  State  and  County  . .  .362 

Hoard  of  Fifteen  Freeholders ;429,  439 

K(jard  of  Fire  Commissioners.    (See  Fire  De- 
l)artn)eiit.) 

Board  of  Healtli 353 

officers  of 353 

to  regulate  plumbing  and  drainage.  .308,  309 

to  license  plumbers .• 432 

Board  of  New  City  Hall  Commissioners 196 

Board  of  Park  Commissioners.     (See   Park 

Commissioners. ) 
Board  of  Supervisors.     (See  Supervisors.) 

Boards  of  Bi'ecinct  Begistration 337 

Bogus  election  tickets,  in  relation  to 350 

Bonds- 
all  officers  must  give  bonds 8 

indebtedness  for  municipal  purposes 436 

Books,  blanks,  etc.,  requisitions  for 51 

Boundaries,  delined 4 

wards (i9 

under  Charter  of  1855,  (note) 12 

Bricks,  burning  of,  regulated 44 

Bryant  and  Brarinau  streets,  grade  of 227 

Buildings,  contracts  for 16 

regulations  within  certain  limits 20 

repairs  of  public , 254 

fuel  for  public 144 

Burials,  regulations  for 357 

c 

Captains  of  Police.    (See  Police.) 

Cemetery,  appropriation  for 144 

Cemeteries,  regulation  as  to  burials 358 

Certiticates  for  burial 360 

Children,  commitments  to  Industrial  School. 

38,40 

penalty  for  harboring  runaway  inmates 
of  Industrial  School 40 

Chinese,  removal  of,  outside  cities  and  towns.279 
Not  to  be  employed  on  public  works 432 

City  and  County,  right  to  sue  and  defend,  etc.     3 

rights  to  remain  in  corporation 4,  5 

real  estate  may  not  be  sold 19 

non-liability    for    accidents     on    public 
streets 166,  303,  327 

City  and  Comity  Attorney,  salary  and  duties. 

51,  131 

assistant  allowed    1C8 

clerks  of 132 

member  of  City  Hall  Commission 196 

member  of  Election  Commission 332 

City  Hall.    (See  New  City  Hall.) 

Clerk  of  Supervisoi's,  fees  for  administering 

oaths 7 

deputy  of 80.  144 

salary  of 244 


Page 
Clerk  of  Supervisors  - 

duties  as  Clerk  of  the  Board  of  Eiiuali/.a- 

tion 381 

Clerk  of  Finance  Committee 35 

Clerk  of  Outside  Lands  Committee 421 

Closing  and  opening  of  certain  streets  at  the 

I'otrero  conlirmed 246 

Coal,     Supervisors    authorized    to    appoint 

weigher  of 67 

(^'oUection  of  personal  property  tax  393 

(,'olumbia  Scjuare,  gardener  for 114 

(  ommissioners.  New  City  Hall 196 

Congressional  Districts 349 

Constitution,  provisions- 
Article  IV  (Legislative  Department),  Sec. 

30 427 

No  appropriation  can  be  made  for 

sectarian  purposes 427 

Article  IX  (Education],  Sees.  6,  7  and  8.  .427 
Election  of  Comity  Superintendent.  .427 

The  public  school  system 

School  text-books 427 

Article  XI— Relating  to  cities,  counties 

and  towns 428 

Legislature  establish  system  of  coun- 
ty governments 42£ 

Providing  for  election  or  appoint- 
ment of  county  and  municipal  offi- 
cers   428 

Providing  for  creating  municipal  cor- 
porations   429 

Consolidation  of  city  and  county  gov- 
ernments  429 

Framing  and  adoption  of  charter  pre- 
pared by  Freeholders 429.  439 

Compensation  of  county  or  municipal 
officers  not  increased  during  their 

terms 430 

Counties  and  municipalities  cannot 

be  released  from  State  taxation 430 

Legislature  no  power  to  impose  mu- 
nicipal taxes 430 

Special  commissions,  private  compan- 
ies  or  individuals  not  to  exercise 

municipal  functions 430 

Private  property  exempt  from  seizure 

for  corporate  debt 431 

No  State  office  can  be  created  for  in- 
spection,   etc.,   of  merchandise  in 

cities  or  counties 430 

All  county  or  city  moneys  must  be 
immediately    deposited    with    the 

Treasurer 431 

Making  a  profit  of  public  moneys  de- 
clared a  felony 431 

How  county  or  municipal  indebted- 
ness may  be  incun-ed 431 

Water  and  artificial  liglit  companies 
may  lay  down  mains  in  cities 431 


INDEX. 


4G5 


Paee 
Constitution- 
Article  XIV -Water  and  water  riglits. .  .432 

Article  XIX-  The  Chinese 432 

Amendment    to   section  on  election  of 

Freeholders 439 

Contagious  diseases,  householders  and  physi- 
cians to  report 3(50 

('ontingent  expenses  of  Mayor 43 

Contracts  for  building,  printing  and  subsist- 
ence of  prisoners .l*i 

for  subsistence  of  prisoners ")2 

with  filial d  of  Kducation 01 

officers  of  School  Dei)artnient  not  to  be 

interested  in 176 

for  street  work.     (See  Streets.) 

proviso  for  not  more  than  two  years 20!i 

advertisements  to  be  published  in  three 

papers 224 

awardetl  to  lowest  bidder 224,  438 

if  lowest  bid  rejected,  must  be  re-adver- 
tised   224 

Coroner,  duties  of,  etc 133 

deputies  and  assistants  allowed 139 

.salary  of 140 

penalty  for  non-performance  of  duty 138 

to  perforin  duties  of  Sheriff 139 

Justifes  to  perform  duties  of  in  certain 

cases 139 

Corporation  Yard 144 

Cosmopolitan  schools 171 

Counsel,  special,  employment  by  Supervisors  45 

employment  by  Board  of  Kducation 60 

employment  liy  Sheriff 238 

County  Board  of  Equalization .379,  406 

powers  and  duties  of 380 

County  Clerk,  duties  of 128 

salary  of 46 

deputies  of,  salaries  and  duties 

129,  133,  263,  264,  276,  278 

copyists  employed  by 279 

County  1,'ourt.  powei-s  of,  now  vested  in  Su- 
perior Court 275,  280 

County  Jail,  Matron  for 73 

improvements  in 282 

County  Ilecorder.    (See  Recorder.) 

County  roads,  repairs  and  improvements  ...  .181 

County  Surveyor.     I  See  Surveyor.) 

County  Treasiu-er.     (See  Treasurer.) 

Courtrooms  and  chambers.   Supervisors   to 

provide 283 

Courts-  Kemoval  of  cases  to  Superior  Court.274 
.ipecial  proceedings  may  be  heard  in  Su- 
perior Court 280 


o 


Debts  may  not  be  contracted  . 
Deeds  at  delinciuont  tax  .'<ales. 

30 


.     8 
.391 


l':l-.! 

D.ralcations  by  officers,  proceedings  to   l)c 

taken 3') 

Dilinitions— Audited 23 

(Jualfication  of  officers 6 

Law  or  laws 24 

(See  also  Streets.) 

Dcliniiuent  taxes,  sales  for 338 

Dclimiuent  Tax  List,  publication  of 388 

Di'Miands  on  the  Treasury,  how  audited 24 

for  School  Fund 64 

for  what  purjioses  payable 28 

record  to  be  kept  by  Auditor 25 

certain  preferred 29 

limitation  of 24 

registration  of., 25 

non-payment  of  26 

if  unauthorized,  no  liability '.'>} 

One-Twelfth  Act 2lJ 

Diseases,  contagious,  prevention  of 55 

physicians  ami  householders  to  report . .  .360 

Di.^trict  Attorney,  salary  of , 46  • 

duties  on  appeal  on  demands 27 

to  attend  in  Police  Court 7 

assistants  for 121,  217 

clerk,  salary  of 53 

to  assist  Coroner 1 35 

Dogs  running  at  large,  regulation  of 55 

Drainage  and  plumbing,  regulation  of. ..308,  'i('i< 

Drawbridges  across  navigable  streams 307 

for  Seventh  street 226 

Duplicate  Assessment  Book 386 

Duplicate  assessments 394 

Dupont  street,  in  relation  to'nanie  of 217 


Education,  Board  of,  powers  and  duties.  .59,  171 

vacancy,  how  filled 62 

niembers  elected  at  large 177 

incidental  expenses 60 

appeal  from  decision -27 

Superintendent  ex -officio  member 61 

Election  Commissioners 332 

Election  laws 332 

Act  regulating  registration 332 

Board  of  Election  Commissioners 332 

Division  of  City  and  County  into  election 

precincts 332 

Registrar  of  Voters,  salary  and  duties. .  .333 

Clerk  of  same 333 

Duties  of  Registrar 333 

Office  hours 333 

Examination  of  precinct  registers 333 

Deaths  and  removals  to  be  noted 334 

Placing  of  election  officers 334 

Counting  votes  shall  be  public 334 

All  voters  must  serve  as  election  officers. 334 
Tax  lists  and  registers  to  be  used  in  selec- 
tion of  election  officers J.31 


4Gt] 


THE  CONSOLIDATION  ACT. 


Kleotion  Laws  Tage 

CuiDmiBsioners  to  select  electiiiu  officers. 335 

Remuneratinti  of  election  officers '<35 

Notification  to  election  officers 335 

Penalty  for  refiisinji  to  serve  336 

Registration  must  be  by  precincts 336 

I  Jegistration  for  each  general  election . .  .336 

Kntries  on  precinct  registers 336 

When  registration  must  commence  and 

cease 337 

Boards  of  precinct  registration 337 

Meetings  of  said  Boards 337 

Registrar  to  provide  places  for  meeting.  .338 
Registration  at  Registrar's  office  to  cease 
on  convening  of  Boards  of   Precinct 

Registration 338 

Precinct  registers  to  be  examined,  etc. .  .338 

Certificates  to  precinct  registers 339 

Certificates  as  to  doubtful  names 339 

Notification  on  (luestiou  of  doubtful  reg- 
istration   340 

Changes  in  precinct  registration 340 

Insertion  of  names  not  on  register 340 

Printing  precinct  registers 340 

Notice  of  precinct  registration 341 

Precinct  registers  to  be  used  at  special 

elections 341 

Rooms  for  polling  places.  - 341 

Expenses  of  elections 342 

Code  provisions  continued  in  force 342 

Senatorial  districts 342 

Assembly  districts 345 

Congressional  districts 349 

Act  prohibiting  bogus  election  tickets. .  .350 

Vignette  for  separate  tickets 350 

Penalty  for  distributing  bogus  election 

tickets  . , 351 

Compulsory  in  San  Francisco 351 

Act  concerning  special  elections 352 

tieneral  laws  governing  elections 353 

Regulating  time  and  term  of  officials. .    .426 

Opening  and  closing  of  polls 439 

Election  of  City  and  County  amUmunicipal 

officials 426 

Election,  special 352 

Elections— Supervisors  to  be  judges  of  their 

own  members 15 

Elisor  to  be  appointed  in  certain  cases 7 

Elm  street,  closing  of 270 

Engineers  in  public  buildings 283 

Eiiuahzation.  County  Board  of 18,  379,  406 

Explosives,  in  relation  to  manufacture  of 195 

Exempt  firemen 82 

Expenditures,  regidation  of 219,  235 

(One-Twelfth  Act  and  Amendment.) 


Page 

Farallone  Islands  in  San  Francisco 4 

Fees  for  Quarantine  Officer 357 

Clerk  of  Board  of  Supervisors 7 

Supervisors  empowered  to  fix     22 

payable  into  Special  Fee  Fund 49 

Ferryboats  defined 369 

Finance  and  Revenue  21 

Finance  Committee  of  Supervisors 35 

Fines,  in  certain  ca.ses  to  be  paid  into  Police 

Fund 11,  21 

and  forfeitures,  determined  by  Supervi- 
sors   20 

Fire  Alarm  and  Police  Telegraph 75.  96,  144 

for  extension  and  repairs  of 244 

repairer 96 

appropriation  for 244 

Fire  Commissioners,  appointment  of 247 

Fire  Department 81,  187,  247 

Chief  Engineer,  duties  of 251 

running  expenses  of 244 

Commissioners  of . .     247 

officers  of,  duties  and  salaiies 248 

Mayor  to  sell  old  apparatus 251 

Fire  Marshal,  appointment  and  duties  of  . .     77 

Firemen,  disabled 252 

Fire,  Supervisors  to  provide   for   protection 

against  20 

Fire  Underwriters  may  appoint  a  Marshal. . .  77 

Firemen  in  public  buildings 283 

Fiscal  year 22 

Fourth  of  July  celebration 53 

Fraudulent  assessments  to  be  prosecuted 383 

Free  Dispensary,  appropriation  for 245 

Free  Public  Library 233,  283 

appointment  of  Trustees 284 

powers  and  duties  of 284 

may  receive  bequests 283 

mnst  report  annually 285 

Funds 17 

transfer  of,  from  one  to  another 17,  23 

to  be  kept  separate 23 

when   insufficient,  demands  to  be  regis- 
tered   ■ 25 

Corporation  Debt  , 17 

(Jeneral 18,  28,  49,  53,  254 

may  be  used  for  police  purposes 21 

for  street  light  deficiency 52 

of  what  consists 22 

salaries  payable  from 49 

New  City  Hall 199 

Park  Improvement 127,  213 

Police 21,  28,  122,  194 

payment  from,   to  S.  F.  Benevolent 

Association 122 

Life  and  Health  Insurance  Fund 260 

Library 233,  283 


INDEX. 


467 


Kiinils—  I'afe't; 

School  18,  21,  28,  175.  214 

limit  of  taxation 214 

payments  from 18,  28,  63,  175,  214 

of  wh:it  consists 63 

^halI  bo  kept  separate C3 

jiayiaeiits  not  to  exceed  revenues  . .  64 

surplus  must  be  canied  forward 63 

provision  for  meetinjj  deficiency-: 175 

Regulations'  by  Constitution 431 

Special  Fee 49,  244,  24o 

fees  payable  to 49 

salaries  payable  from 49,  98,. 244,  246 

duties  of  Treasurer  in  i elation  tliere- 

tiY 49 

Street  Department 18,  165,  214,  243 

licenses  from  vehicles  and  penalties 
for  violation  of  street  laws  to  be 

paid  to 18 

Street  Liglit IS,  52 

Surplus 21,  29,  42 

expenditures  from 29,  42 

(Limitation  on  monthly  allowances.     See 
One-Twelftli  Act.) 

o 

<  ^iiinliling  lioti.ses  may  be  suppressed .55 

( lardeuers  for  public  sciuares Hi 

i'-dii  franchises,    Supervisors    authorizeil    to 

grant 60 

illuminating  power  and  price,  regulation 

of 221 

inspector,  appointment  of 222 

pipes,  right  to  lay  431 

(Julden  Gate  Park,  acts  relatir.g  to 

125,  213,  215,  273,  311 

tax  levy  for 213,  433 

Commissioners  authorized  to  appoint  Su- 
perintendent, etc 21.'; 

jurisdiction  over  Point  Lobos  road. ....  .273 

Commissioners  may  accept  donations  or 

befpiests 311 

tirades,  in  relation  to  change  of  (see  Streets). 107 
<;unpowder.   Supervisors  may  reg\ilate  sale 
and  mainifaoture  of 20,  195 

I-I 

Hackney  coaches,  regulation  of m 

Hamilton  S<iuare,  improve mont  of 210 

Harbor  Master,  duties  to  be  performed   l)y 

« 'hief  Wliarfiuger 181". 

Harbor,  Supervisors  authorized  to  make  po- 
lice regulations  for 71 

State  Harbor  Commissioners  to  regulate 
moorings,  anchorages,  routes  of  ferry- 
boats, etc 186 

Commissioners.    (See  Political  Code.) 


Page 

Hartson  Act 426 

Ilealtli  and  quarantine  regulations  for  the 

city  and  harbor  of  San  Francisco 353 

( 'onstitution  of  Board  of  Health 353 

Mayor  exorticio  President 353 

Health  Officer,  api)ointment  and  duties.  .353 

( )mcers  of  Board  of  Health 353 

.Salary  of  Health  Officer 354 

Supervisors  provide  offices  for  Board  of 

Health 355 

Board  to  have  sanitary  supervision  over 
Hospital,  Jail,  Almshouse  and  Indus- 
trial School 355 

Duties  of  ship-masters  on  enterini;  port .  .355 

Duties  of  pilots 356 

Duties  of  Quarantine  Officer 3.56 

Fees  of  Quarantine  Officer 357 

('ompulsory  vaccination 357 

Board  may  provide  hospitals 357 

Record  of  births,  deaths  and  interment8.357 
Physicians  and  midwives  to  return  bii'ths.357 

l*eg\ilations  for  burials 358 

Corpse  not  to  be  removed  after  burial 

without  permit ^ 358 

Proceedings  for  X'euioval  of  nuisairee 358 

I'ayment  of  fees  collected  by  Healtli  Offi- 
cer   359 

Bond  of  Health  Officer 359 

Health  officials  may  administer  oaths 359 

Buildings  unlit  for  habitation : 359 

Physicians  and    householders  to  reixnt 

contagious  diseases 360 

Permits  for  burial 360 

Removal  of  remains 360 

Plumbing,  regulation  of 308,  309 

Plumliers.  registration  of 434 

Health,  Board  of 353 

Health  Officer 353 

Healtli  Inspectors,  salaries  and  duties  of 354 

Health,   regulations  to  preserve  public,  by 

Supervisors 55 

Home  of  the  Inebriate 122,  194 

have  temporary  custody  of  insane 195 

appropriation  from  Police  Fund  ISM 

Hospital,  fuifds  for  building 106 

appropriation  for  running  expenses 233 

articles  manufactured  at 245 

management  of 355 

Householders  and  physicians  to  report  con- 
tagious diseases 360 

House  of  Correction,  establishment  of 179 

regulation  of 204 

prison  labor  in 204 

articles  manufactured  at 245 

lirisoners  who  may  be  sentenced  thereto. 265 

City  and  County  physician  to  visit 208 

duties  of  Superintendent 205 

credits  to  prisoners 206 

contracts  for  labor 207 


468 


THE  CONSOLIDATION  ACT. 


Page 

Houses  of  ginning,  rcguliitiun  of 55 

Houses  of  prostitution  may  he  excluded  from 

certain  limits  52,  55 

Houses  unfit  for  habitation    Proceedings  by 

Board  of  Health 359 

Hydrants  for  Fire  Department 188,  244 


Improvemonts  of  prisons  and  county  jails. . .  .282 
Incidental  expenses  of  Board  of  Education. .  60 
Indebtedness,  how  incurred  by  cities,  towns 

or  nranioipal  corporations 436 

Passage  of  ordinance  for  election 436 

Publication    of   ordinance,    issuance    of 

bonds 437 

Tax  levy  for  payment  of  bonds 437 

Commissioner     for    superintending    im- 
provement   437 

Salary  and  bond  of  Commissioner 438 

Contracts  let  to  lowest  bidder. 438 

C)fiicers  shall  not  conti'act 8 

Indepoidence  Day,  celebration  of 53 

Indigent  dead,  burial  of 43 

Indigent  sick,  care  of 21,  82 

Industrial  School,   establishment  and  man- 
agement of 37,  142,  182 

Supervisors  to  control 37 

imi  poses  of 37 

monthly  appropriation  for 38 

limitivtiou  of  use  of  funds 38 

Supervisors  not  to  be  interested  in  con- 
tract    38 

Supervisors  to  appoint  various  officers  for.  38 
Superintendent  and  Deputy  Superintend- 
ent, Matron  and  teachers  of 38 

powers  of  Supervisors  concerning  receiv- 
ing and  detaining  and  apprenticing  chil- 

dreji 38 

commitment  of  children  to,  and  powers 

of  Police  Judge  and  certain  courts 39 

detention  of  children  on  commitment 40 

discharge  of   children  by  Police   Judge 

and  certain  courts 41 

certain  officers  of,  public  officers 40 

teachers  exempt  from  School  Act 64 

allowance  for  medical  attendance 75 

Act  transferring  control  to  Board  of  Su- 

•pervisors 142 

transfer  of  property,  etc.,  to  Supervisors .  143 
persons  from  other  counties  may  be  com- 
mitted to 143 

limit  of  commitment  to 182 

persons  under  eighteen  years  to  be  com- 
mitted to 182 

escapes  from 183 

merchandise  sold  from 245 

Inebriates,  Home  of 122,  194 


Page 

Inquests,  Coroner  to  hold 20 

Prisoners  dying  in  jail 133 

Penalty  for  neglect  by  jurors 134 

Jury  must  view  tlie  body 134 

Coroner  to  examine  witnesses 135 

Testimony  must  be  reduced  to  writing. .  .135 

District  Attorney  to  assist  Coroner 135 

Verdicts  of  juries 126 

Witnesses  may  be  bound  over 137 

Contempt  before  Coroner 137 

Arrests  for  murder  or  manslaughter 137 

Coroner  to  take  charge  of  valuables 133 

Justices  may  hold  in  certain  cases 139 

Insane,  expense  of  carrying  to  Stockton 43 

Inspection  of  books  of  certain  officers 25 

Inspector  of  gas 222 

Inspectors  of  street  work 203,  331 

Insurance  of  school  property 60 

Interpreters  for  courts 46,  75,  193,  312 

Islands  in  first  election  district 70 

Ivy  avenue  clo.sed 247 


Jail,  improvements  of 282 

matron  and  assistant  for  County 73 

Jail-keepers  (See  Note  5C) 47 

Janitors  for  Justices'  Court-room 86 

City  Hall 114 

Fire  Commissioners 249 

Jefferson  Square,  gardener  for 144 

Judgments  against  City  and  County 42 

Justices'  Court 84 

Clerk  of 85 

Presiding  Justice 85 

Justices  may  preside  in  Police  .Judge's 

Court 78 

May  perform  duties  of  Coroner 189 

.Justices  may  issue  warrants  in  criminal 

cases,  etc 125 

Clerk  not  to  receive  fees 124 

Sheriff  to  issue  process 39 


Iv 


Law  or  laws  defined 24 

Laws  and  ordinances,  Supervisors  may  pub- 
lish    45 

Lease  of  city  property 19 

school  property 172 

Legal  tender, notes  receivable  for  taxes 277 

Legislation  on  the  pueblo  lands .411 

Levy  of  taxes 383,  406 

Liability  for  damages  on  streets 166,  303,  327 

Licenses  for  cider,  sarsaparilla,  etc 241 


INDEX. 


469 


Licenses,  regulation  of 55,  Ho,  238 

Collector,  duties  of 146 

aj)i)oiutment  of 211 

salary  of 244 

salary  of  lU-pnty  and  assistants 147 

duties  of  Auditor  in  relation  thereto 146 

Lincoln  School  lots,  lease  of 266 

Li<|Uor  licenses,  consent  of  Police  Commis- 
sioners nnist  be  obtained 241 


M 

Market  Insi)ector 354 

Markets,  Supervisors  to  regulate 19 

Mayor,  salary  of 47 

contingent  exiienses .- 43 

member  of  City  Hall  Commissioners 196 

member  of  Election  Commission 332 

member  of  Board  of  Health 353 

appointment  of,  pro  tern 56 

President  Board  of  Supervisors 15 

approval  of  orders  by 16 

may  administer  oaths 25 

to  fill  vacancies  in  Board  of  Supervisors. .    6 

Mayor's  clerk,  salary  of 74,  271 

Messengei-  Board  of  Health 354 

Misdemeanor,  violati(^n  of  ordinances 20 

Moneys,  piiblic,  counting  and  custody  of 27 

Montgomery  avenue,    resolutions  and  ordi- 
nances of  Supervisors  confirmed 236 

Morgue,  Supervisors  may  provide 139,  310 

Mortgages,  tajiatiou  of 361 

Mountain  Lake  Park 183 

Municipal  corporations,  classification  of 291 

may  maintain  draw-bridges 307 


X 

National  independence,  celebration  of 53 

New  City  Hall,  providing  for  completion  of . . 

196,  218.  435 

in  relation  to  bids 218 

officers  and  duties 19(; 

Night  watchman  for  public  buildings 144 

Normal  schools,  establishment  of 59 

Notary  for  Presidio 282 

Nuisances,  abatement  of  by  .Supervisors 55 

proceedings  for  aVtatement  by  Board  of 
Health .358 

o 

Obstruction  of  streets,  rtunoval 55 

Office  hours  for  city  officers 6,  125,  333 

Office,  vacancy  in,  how  supplied 7 

OtHce  for  Park  Commissioners 216 


i  age 

OHicers,  qiuilifications  of,  defineil 6 

vacancies,  liow  filled 7 

to  receive  no  compensation  unauthorized    7 
cannot  contract  indebtedness  against  city    8 

to  give  bond 8 

police,  appointment  of  and  number 259 

removal  of,  from  office 12 

appeals  by 16 

certain,  to  report  to  Board  of  Su)iervi8ors  18 
Supervisors  emjjowered   to  fix    fees   of, 

when  not  fixed  by  law 20 

liability  of,  in  connection  with  demands 

on  Treasury 25 

defalcation,  ascertained  by  Finance  Com- 
mittee    36 

receiving  fees,  etc.,  to  pay  into  Special 

Fee  Fund 49 

receiving  fees,  etc.,  to  keep  books,  enter 

items,  make  transcript,  etc 49 

salaries  of,  out  of  what  fund  payable 49 

requisitions  of,  for  books,  etc 50 

election  of,  for  City  and  County 426 

commencement  of  term        426 

duties  of,  in  relation  to  One-Twelfth  Act.219 

Omnibus  lines,  regulation  of ,. . .  42 

One-Twelfth  Act 219 

amendment  of , 236 

Order  No.  800 100 

822 411 

1416 273 

1313 256 

Ordinances,  fines,   forfeitures  and  penalties 

for  breach  of 20 

must  be  published 16 

payment  for  publication  of 45 

Outside  Lands.     (See  Pueblo  Lands.) 


Park  Commissioners,  control  parks 125 

appointments  and  vacancies 126 

powers  and  duties , 126 

lease  of  park  property 126 

appointment  of  Superintendent 213 

api)ointment  of  Secretary 215 

office  rent 216 

juris<liction  extended  over  Point  Lobos 

road 273 

may  accept  donations  or  bequests 311 

Parks,  Act  to  provide  for  improvement  of — 125 

Oolden  Gate  Park  designated 125 

Buena  Vista  Park  designated 125 

Avenue  designated 125 

bonds,  to  be  issued 126 

bonds,  tax  to  pay  interest  on 127 

Park  Improvement  Fund 127 

.Supervisors  to  levy  tax  for 127 

ro?idations  for 127 


470 


THE  CONSOLIDATION'  ACT. 


rase 

certain  reservation  to  lie  kiuiwn  as  Moun- 
tain Lal{e  Park  antl  fJreat  Highway 183 

houfls,  to  be  issued  iiiion  rcniuisition  of 

Couiuussioners 184 

bonds,  when  payable,  and  certain  lands 

pledged  as  security  therefor 185 

tax  levied  to  pay  bonds 187 

bonds,  resumption  of 185 

tax  for  improvement  of  (lolden  (4ate  Varti 

213.  433 

(.See  also  Golden  Gate  Park.) 
Penalty  for  violating  municipal  ordinance ...  20 

entering  inclosure  o'  another 148 

Personal  property  tax,  collection  of 397 

Physicians  and  surgeons  to  report  contagious 

di.'seases 360 

for  hospital  and  almshouse 354 

Pilots,  regulations  for 357 

Pioneer  Park 211 

Plumbers,  registration  of 434 

Plumbing,  regulation  of 308,  309 

Police,  Captains  of 12,  261 

salaries  of 43 

Police,  Chief  of 9,  10,  11,  259 

appointment  of 260 

to  act  as  Commissiofaer 259 

salary  of 260 

may  suspend  officers 12 

to  report  to  Supervisors 19 

clerk  of 42,  261 

salaries  of 258 

Police  Commissioners,  appointment,  powers, 

duties  and  salary  of 259 

contingent  expenses 219 

Police  Court  No.  2 289 

Police  Force,  salaries 49,  54,  258 

regulation  of 258 

local  regulation  of 74 

spcoial  officers 2.59 

Police  Puud,  distribution  of 122 

( "outingent  Fund 219 

stations,  rent  of 283 

Police  .Judge's  Court 10,  11 

Prosecuting  Attorney 42,  52 

clerk  of 10,  46 

jurisdiction  of 68 

.Justice  of  the  Peace  may  preside 70 

Police  Life  and  Health  Insurance  Fund 260 

Police  stations,  Supervisors  to  establish 13 

Polling  jjlaces 341 

PoUtaxes 363,  398 

Porters  in  public  buildings 283 

Portsmouth  Square,  gardener  for 114 

Pound,  establishment  of 42 

Precinct  registration 337 

registers 340 

President  Board  of  Supervisors.  (See  Mayor.) 
Prison  labor  in  House  of  Correction 204 


Page 

Property  liable  to  taxation 363 

definitions  of 364 

assessment  of 365 

how  assessed 369 

taxes,  collection  of ; 386 

Property  lost,  stolen  or  unclaimed 56 

Prostitution,  houses  of,  regulated 52,  55 

I'ul)lication  of  laws  and  ordinances 16 

Pu))lio  buildings,  furniture  and  repairs 254 

appropriation  providing  for  completion  of.435 

I'neblo  Lands ■.  .411 

Act  ratifying  Van  Ne.ss  Ordinance 411 

Act  of  Congress  granting   the  city   the 

Pueblo  lands 416 

Final  decree  of  Judge  Field  confirming 

title  to  Pueblo  Lands  to  city 419 

Act  authorizing  city  to  grant  deeds 420 

Grant  to  the  city  of  lands  included  by 
Stratton  but  excluded  by  Von  Leicht 

survey 442 

( )rder  800 ^ 1 OO 

Subdivision  into  blocks  and  lots 100 

Map  to  be  made 100 

Claimants  to  present  description 101 

Taxes 101 

<  )b jections,  alterations 101 

Official  map 101 

Lots  for  Hosjntal,  City  Hall,  etc 101 

Compensation  of  claimants 101 

Reserved  for  public  Highway 102 

Assessment 103 

City  grants  title  to,  except  to  reservations.103 

Survey 103 

Supervisors  to  distribute  moneys  assessed.  103 

Repeal  of  Order  733 104 

Ratification  of  Order  800 104 

Recorder  to  make  copy  of  report  and  as- 
sessment  104 

Tax  Collector  shall    collect  moneys  as- 
sessed  104 

Petition  for  grant  of 420 

To  be  referred  to  Committee 420 

Proofs  by  petitioners 420 

Committee  to  report 420 

Notice  by  Board  of  Svipervisors 421 

Mayor  to  execute  deed 421 

Amount  exi>enses  to  be  deposited 421 

Operation  of  conveyance 421 

Tax  Collector  may  apportion  assessment.' 

of  co-tenants 422 

ratification  of  acts  of 423 

sale  l)y.  for  assessments 423 

to  issue  receipt  to  purchaser 423 

Land  sold,  subject  to  redemption 424 

Conveyance  by  Tax  Collector 424 

Committee  on  Outside  Lands  to  be  chos- 
en by  Board  of  .Supervisors 101 

duties  of 101 

clerk  of 421 


INDEX. 


471 


I'aRe 
I'ueblo  Lands,  clerk  of  committee  - 

duties  of 421 

fees  of 421 

I'ublic  iirder  and  police 9 

Public  .Scliools,  Acts  concerning 

17,  59,  110,  171,  213 

Board  of  Education,  members  and  duties 

59,96,  179,  213 

Books,  etc  ,  to  be  provided 59 

Employment  of  counsel (iO 

Vacancies  in  office  of  School  Director  and 

Sup;:rintendent 62 

C/'ontracts  with  Board 61 

Evening  scliools 173,  177 

Cosmopolitan  schools 171 

Emi)loy  and  dismiss  teachers 171 

Lease  of  school  property 172 

I'rohibition  of  sectarian  teaching 176 

Form  of  oath  by  teachers 176 

May  establish  school  for  depraved  chil- 
dren   175 

Payments  from  School  Fund 175 

Duties  of  teachers 173 

Discontinuance  of  schools 176 

What  comjiose  public  schools 177 

Amoiuit  of  levy  per  pui)il 214 

Sale  of  school  property Ill 

Secretary  Board  of  Education 61 

C'ommittet  on  Finance Ill 

Teachers,  salai-ies  of 174 

Public  sipiares,  gardeners  for 114,  144 

appropriations  for.. ; 210,  211 

Public  works,  defined 11 

offenders  may  be  sentenced  to  labor  on . . 
11.  209 


Q 


Qualification  of  officers 6 

sureties  on  official  bonds 8 

Quarantine  Officer 353 

Quarantine  regulations 353 


K 


Kaihoads,  ta.\ation  of 362 

assessment  of 365 

assessments  to  be  published 377 

statements  for  purposes  of  ta.vation 373 

suit  for  delinipient  taxes 378 

Receipts  for  money  in  and  o»it  of  Treasury. . .  27 

Kecorder.  salary  of 48 

chief  deputy  of 48 

deputies,  appointment  of  and  salaries 48 

(note,  54). 
to  make  appraisement  of  outside  lands..  105 
Records  not  to  be  delivered  by  County  Clerk. 1.9 


Pa-e 
Redemi)tion  of  jnoperty  sold  for  delinquent 

taxes 390,  391 

Register  of  Demands  on  Treasury 29 

Registers,  precinct 336 

Registrar  of  Voters 332 

Registration  of  voters 336 

births 357 

Removal  of  remains  of  deceased  persons 360 

Rei|uisitions  for  stationery,  etc 50 

Resolution  No.  11,900  ratified  and  confirmed.  246 

Revenue  and  Taxation 3til 

Property  s\ibject  to  taxation 361 

Land  and  improvements  separately  as- 
sessed   361 

Mortgages 361 

Power  of  taxation  never  suspended 362 

Statements  from  each  taxpayer 362 

.State  Board  of  Eiiualization 362 

Property  must  be  assessed  by  districts. .  .362 

Income  ta.xes 363 

Poll-tax 363 

(.Growing  crops  not  ta.ved 363 

Stock  in  corporations 363 

Definitions  of  property 364 

Assessment  at  full  cash  value 365 

of  railroads 365 

Contents  of  taxpayer's  statement 366 

Blanks  for  taxpayer's  statement 367 

Duties  of  Assess  jr 367 

Property  assessed  to  unknown  owners. .  .368 

Consignments  of  personal  property 369 

Property  i)osses8ed  as  agent 369 

Unpartitioned  property 369 

Ferry  boat  defined 369 

Assessments  on  vessels 369 

Boats  and  small  craft 369 

Money  or  property  in  litigation 370 

Penalty  for  misrepresentation  or  conceal- 
ment  370 

Assessment  book 370 

Form  of  asses  iment  book 371 

Affidavit  of  Assessor 371 

Map  book 372 

Notice  of  eijualization 372 

Statement  to  State  Board  of  E<iualiza- 

tion 372 

Penalty  of  Assessor 372 

Maps  for  Assessor 372 

Lands  sold  by  State 373 

Liability  of  Assessor 373 

Action  by  District  Attorney 373 

Assessment  of   water  ditches,  toll  roads 

or  telegraph  lines 373 

Railroads,  assessment  of 373,  374 

Record  of  assessment  of  railways 376 

Apiiortionment  of  assessments  of   rail- 
ways   376 

PuVilication  of  railroad  assessments 377 

Assessments  by  State  Board  of  Eiiualiza- 
tion   377 


472 


THE  CONSOLIDATION  ACT. 


Tvige 
Kfveniie  and  Taxation 

Suits  on  property  assessed  >iy  the  Sta'-c 

Board  of  Eiiualization 378 

Basis  of  taxation 379 

County  Boards  of  Kqualizatiou 379 

Increase  or  lowering  of  assessments 380 

So  reduction  without  a  petition 380 

Witnesses  may  be  subpenaed 380 

Outy  of  Recorder  as  to  mortgages 380 

(Jounty  Board  .may  correct  assessments.  .381 

Duties  of  clerk  to  the  Board 381 

.State  Board  of  Kqualization 382 

Levy  of  taxes 383,  384 

Duties  of  the  Auditor  in  relation  to  reve- 
nue  384 

Collection  of  property  taxes 386 

Time  of  delinquency 386 

When  taxes  may  be  paid 386 

Unsettled  estates 387 

Suit  against  Tax  Collector.. 387 

Penalty  for  delinquency 387 

Settlement  of  Tax  Collector  with  Audi- 
tor  387 

Publication  of  delinquent  tax  li.st .388 

Sale  of  property  for  delinquent  taxes 389 

Certificates  of  tax  sales 390 

Deeds  for  tax  sales 391 

Sale  of  personal  property  for  delinquent 

taxes 393 

Irregular  assessments 394 

Restrictions  on  sale  of  property  for  taxes.39.T 

Property  sold  to  the  State 395 

Redemption  of  property  sold  to  the  State..396 
Collection  of  taxes  on  personal  property.. 397 

Poll-taxes 398 

Payments  to  State  School  Fund 400 

Percentage  to  Assessor 400 

Settlements  by  County  Treasvirers 401 

Penalty  on  Treasurer  for  neglect 4<U 

Duty   of  Auditor  on  Treasurer's  settle- 
ment   401 

Penalty  of  Auditor  for  neglect 401 

Mileage  allowed  to  Treasurer 402 

Controller  to  prosecute  defrauding  offi- 
cials  402 

Omissions  or  errors  in  assessment  books 

may  be  corrected 403 

Errors  in  delinquent  tax  levy  may  be  cor- 
rected by  republication 403 

Assessments  not  illegal  for  informality.  .403 
Supervisors  must  allow  for  duplicate  as- 
sessment book 404 

Allowance  for  Deputy  Assessors 404 

State  Board  of    Eq\ialization    may  dis- 
pense with  duplicate  assessment  book.  .404 
Proceedings  to  take  po.ssession  of  prop- 
erty purchased  by  State  for  delincjuent 

taxes 404 

Proceeds  from  sale  of  proi)erty  sold  by 
Stote 404 


Pase- 
Revenue  and  Taxation  — 

Controller's  discretion  on  taxes  for  more 

than  §300 . .  .40.5 

Form  of  action  in  suit  by  Controller 405 

Collection  of  taxes  in  San  Francisco 406 

San  Francisco  exempt  from  Political  Code 
relating  to  assessment  of  iiersonal  prop- 
erty ta.\es 406 

Equalization  of  per.sonal  property  taxes.  .406 

Supervisors  to  meet  in  June 407 

Date  of  tax  levy  by  Supervisors 406 

Assessment  personal  property  book  to  be 

delivered  to  Tax  Collector 407 

Personal  property  taxes  due  and  delin- 
quent   407 

Collection  of    State   taxes  on    personal 

property 408 

Special  assessments 408 

Roads,  repair  outside  charter  line'of  1851 180 


Salaries— 

Almshouse  and  Hospital  officers 354,  355 

A.S8essor 47 

deputies  and  draughtsmen  of 112 

Assistant  District  Attorney 121,  217 

Assistant  Prosecuting  District  Attorney.  52 

Police  Court  No.  2 290 

Auditor 47 

clerk  of 47 

Book-keeper  of  Sheriff 47 

Chief  of  Police 260 

clerk  of 49,  142,261 

City  Hall  Commissioners,  Board  of  New. 198 

architect  of 198 

Superintendent  of  Works 198 

City  Hall  Commissioners'  Secretary 198 

City  and  County  Attorney 51 

Assistant  1G8 

clerks  of 132 

Clerk  of  Police  Court 46 

No.  2 290 

Clerk  of  the  Board  of  Supervisors 244 

deputy  of 144 

Coroner 140 

deputies  of 140 

messenger  of 140 

County  Clerk 46 

deputies  of 129,  133.  263,  264,  278 

County  Reconler 48,  54 

chief  deputy  of 48 

additional  deputie.s  of  (note  53)  — 48,  54 
District  Attorney 46 

clerks  of 46,    54 

assistants 121,  217 

Employees  Public  Library 285 

Fire  Department,  members  of 248 

Fire  Marshal 77 


INDEX. 


473 


Kalaries-- 

(Jardeners  for  public  sijuares 114,  14) 

Oas  Inspector 222 

Golden  Gate  Park  Superintendent 213 

Harbor  Police,  Captain  of 142 

Health,  Secretary  of  Board  of .3r> t 

Health  Officer 354 

Health  Inspectors 354 

House  of  Correction,  Superintendent  of  .205 
Interpreters  and  translators.  .46,  75,  193,  312 

Jail-keepers  (note  51) 47 

.(anitor  for  City  Hall Ill 

.Janitor  for  Fire  Commissioners 24'.i 

.)  ustices  of  tlie  Peace 90 

Justices'  Clerk DO 

deputy  of 90 

.Justices'  janitor  (note  86) 86 

Keeper  of  City  Cemetery 360 

Librarian  Public  Library 285 

License  Collector 244 

Deputy 211 

Assistant  License  Collectors 211 

Market  Inspector 354 

Matron  and  Assistant  for  Jail 73 

Mayor 47 

Clerk  of 271 

Messenger  of  Board  of  Health 354 

Xight  watchman 144 

Officers  and  men  of  Fire  Department 248 

Police  Captains  and  officers 49,  74,  258 

Police  .Judge 46 

Court  No.  2 290 

Porter  of  Recorder's  office 4S 

Porters 47,  75,  98 

Poundkeeper,  deficiency  in 74 

Quarantine  Officer 3.54 

Kegistrar  of  Voters 332 

clerk  of  same 332 

Resident  I'hysician  County  Hospital 3.54 

Secretary  Board  of  Education  (note  68) . .  62 

.Secretary  Park  Commissioners 215 

Secretary  Public  Library 285 

Sergeant-at-Arms,  Board  of  Supervisors .  1 44 

Sheriff 47 

Under-.SUeriff 47 

deputies.  .47, 75,91, 93,97, 121, 133,237,263, 264 

wagon  driver 114 

attorney  for 238 

Storekeeper  of  Corporation  Yard 249 

Superintendent  of  Schools 48 

Streets  and  Highways 48 

deputies 165 

Fire  Alarm  and  Police  Telegraph 245 

deputies 75,  96 

of  Park 213 

Supervisors Ill 

Surveyor 47 

Tax  Collector 47 

deputies  and  clerks 99,  144 

auctioneer 48 


Pase 

Salaries 

Treasurer 48 

deputies 48 

clerk  of 54 

Teachers  in  public  schools 171-174 

Payable  montlily •  •  -26,  50,  64 

How  audited 24 

Sale  for  delinquent  taxes 388 

Sand,  reiiuiring    lot  owners  to  prevent  sand 

from  drifting !'♦" 

Scliool  Directors,  election  of 426 

to  constitute  Board  of  Education .59 

to  receive  no  salary ' 

vacancies,  how  supplied 62 

not  to  be  interested  in  scbool  contracts. .  61 
School  Fund.     (See  Funds.) 

School  property,  lease  of 172 

Schools,  Public 18,  177 

lots 60,111 

Fmid,  of  what  consists 63 

Superintendent  of  Common,  duties  of  . .  .174 

tax  levy 213 

providing  for  bonds  for 267 

Seal,  common *2 

Secretary  Board  of  Education 61 

Senatorial  Districts 343 

Sergeant-at.Arms  for  Supervisors 144 

Seventh  .street,  grading  of 22;i 

Sewers,  repairs  of *3 

funds  for  main 281,  43ft 

indebtedness  for 328 

cleaning  of,  etc 165.  327 

(See  also  Street  Work.) 

Sheriff,  to  collect  fees  in  advance 124 

fees  for  transportation  of  prisoners  and 

insane 238 

officers  and  deputies  of 

47,  91.  93,  97,  121,  133,  237,  263,  264 

duties  in  connection  with  Justices'  Court  86 

salary  of 4G 

Shipmasters,    regulations    for.    on    entering 

port • ^^^ 

Shooting  on  private  grounds  prohibited 148 

Smallpox  Hospital,  allowance  for 53 

Special  (-Counsel,  appropriation  for 45 

for  School  Department 60 

State  Board  of  E<iualization 374 

assessment  of  railroads 374 

powers  and  duties  of 383 

State  purchases  at  delin<iuent  tax  sales 396 

Stationery  supplies,  reipiisition  f'lr 5ft 

for  School  Department 60 

St  Francis'  Church,  in  relation  to  ilaraages 

to 22? 

Street  Railroads,  Supervisors  ;a\ithori/.ed  to 

grant  franchises ' 

fares  on 21b 

steam  for  propulsion  of  cars  west  of  Lar- 
kiH  and  Nintli  streets 245 


■471 


THE  CONSOLIDATION  ACT. 


rage 
Street  llailroails 

l)rf>visioiis  of  the  (livil  Code 408 

coiiipaiiics  to  plank,  pave  and  macadam- 
ize  409 

{wo  may  use  same  tracks  \iiider  restric- 
tions  409 

work    must  be  commenced  within    one 

year  409 

tracks  for  grading  pur))0se8 410 

Street  work,  protection  of  )iublic  from  , 56 

Streets  — 

Mode  of  improvement  and  acceptance,  by 

Act  of  1872 149 

by  Act  of  1883 292 

by  Act  of  1885 313 

Supervisors,  provide  for  lighting 19 

Railroad  tracks  may  be  laid 21 

Kepairs  on  water  front 43 

Repairs  in  front  of  city  i)roperty 43 

Cleaning  of 208 

Improvenfients  in  front  of  U.  S.  property,  92 

<^hanging  grade 107 

Widening,  opening  and  closing 57 

Inspector  for  street  work 203,  331 

Suspension  of   acceptance  for  non-pay- 
ment of  assessments ....  269 

Changing  grade  of  certain  streets 272 

Improvements—  Act  of  Act  of  Act  of 

1872      1883      1885 
ojicn   ])nl)lic  streets, 

lanes,  etc 149      ....  313 

Supervisors  may  or- 
der streets  graded, 

liaved,  etc 150        292         313 

work  provided  for 
not  "specific  im- 
provements " 150      

resolution  of  inten- 
tion      150        293         314 

grading  not  to  be 
done  except  upon 

l>etition  of  owners    151      

lietitiou  or  remon- 
strance of  owners.     151        293         315 

decision  thereon 151        293         315 

objections  by  owners 
of  more  than  one- 
half 151       293         315 

proceedings  in  cases 
of  partially  im- 
proved streets 151       293         315 

petition  by  owners  of 
more  than  one-half 
in  frontage,  to  or 

der  work  done 152      315 

to  be  graded  through 

1  out  whole  width. . .     152      

notice  inviting  pro- 
sals  for  work 152       294         316 

award  of  contract...    153       294         316 


Page 

street  lnii)rovement8  Act  of  Act  of  Act  of 

1872     1883     1885 
proposals    to   be  ac- 
companied    by    a 

check 153        294         3^6 

check  to  be  collected, 

when 154      316 

failure  to  enter  into 

contract 154      ....         317 

notice  of  award 154      ....  317 

owner  may  elect  to 

do  work 154      317 

failure  of  owners  to 
commence  or  com- 
plete work 154      ....         317 

contractor's  bond  . . .     154      —         31 7 
Superintendent     of, 
to  enter  into  con- 
tracts       155      317 

extension  of  time. . .     155      317 

Recorder  to  keep  a 
record     of     street 

contracts 155      

fee      for     recording 

contract 155      

work,  how  done 155       317 

assessments,         how 

made 155       295         313 

where  assessment  is 

half  .valuation 313 

work  on  water  front 
and  in  front  of  city 

property 155      

on  side  of  certain 

streets 155      

when  Surveyor  to  as- 
certain amount  of 

grading  done 155      

when  owner  exempt 
from      assessment 

for  grading 156      

a.ssessment  by  Super- 
intendent of 158      ....         32» 

what  to  contain .    158      321 

diagram  attached 

to 153      

payable  in    gold 

coin 158      ....  321 

warrant  to  be  at- 
tached to 159      

form  of 1,59      ....  321 

warrant,  assessment 
and  diagram  to  be 
recorded  and  be  a 

lien 159     '....  321 

warrant,  etc.,  to  be 
delivered  to  con- 
tractor       160      ....  321 

demand  by  contrac- 
tor      160      ....         321 


INDEX. 


•175 


t  lininoveruents-          Act  of  Act  o 
1872      1883 

Page 

Act  of 

1885 

return  of  wariant . . . 

160      .... 

322 

Superintendent      of 

Streets  may  receive 

amounts 

161      .... 

322 

failure  to  return  war- 

rant   

161       .... 

interest    on     assess- 

ment  

161      .... 

322 

iijjpeal 

161      .... 

322 

Biiard  of  .Supervisors 

or     t!ity     Council 

may  correct,   etc., 

assessment 

161        2117 

323 

assessment  prima  fa- 

cie evidence 

161       .... 

323 

when  contractor  may 

sue 

162      .... 

323 

attorneys'  fees 

162      .... 

323 

complaint 

flefense 

162      .... 
162      .... 

improvement     a  n  <l 
cleaningof  by  oHii- 

162      .... 

324 

suit    by    contractor. 

for  imiirovement  or 

163      .... 

325 

certificate    of    i  m  - 

provement  or  clea- 
ning a  lien 

penalties  imposed  by 
Supervisors  or  City 
Council 

163      .... 
163      .... 

325 
325 

"  owner  "  defined . . . 

164      ...-f 

325 

effect  of   records  of 

Superintendent  of 
Streets 

164       .... 

325 

notices,    service    of. 

proof  of,  record  of. 

164      .... 

325 

acceptance     of,     by 

Board  of  Supervis- 
ors or  City  Council 

164      .... 

326 

accepted,  register  of 

Sui)erintendent     of, 

office 

164  .... 

165  .... 

duties  and  liabil- 

165      .... 
165      .... 

326 

deputies  of,  sala- 
ries and  powers 
sewers   and   streets. 

cleaning  of 

165      .... 

326 

no  recourse   against 

city 

166        303 

327 

liability  for  damages 

Surveyor   to  survey, 

etc. ;  certificate,  re- 

1G6       303 

327 

cord  of  surveys 

"improve,"  etc.,  de- 
fined   

166  .... 

167  .... 

330 

Street  Improvement.^ 


:c« 


33* 


2;'6 


m 

301 


303 


304 


305 
306 


304 


I'age 
Act  of  .\ctof  Act  of 
1872      1383      H35 
"main  at.,"  "street." 
"block  "  and  "in- 
cidental expenses" 

defined 167 

notices,    how      pub- 
lished      168 

City  and  County  At- 
torney to  prosecute 

certain  suits 168 

collection  of  certain 

assessments 168 

api)eal    from  assess- 
ment. Act  of  1883 

sale    for   delinquent 
assessment.   Act  of 

1883. 

urgent  repairs 

full   authority  to  ex- 
ecute street  work 

incurring    Indebted- 
ness for  sewer  work  

duties  of  City  Engi- 
neer  

definitions 

city  may  contribute 

cost  of  work 

appointment   of    in- 
spector  

proceeds  from  sale  of 

sewer  bonds 

Superintendent  of    Kire  Alarm  and  Police 

Telegraph 75 

salary  of 245 

Superintendent  of  Hou.se  of  Correction,  du- 
ties of 205 

to  act  as  Treasurer 205 

must  reside  at  institution 205 

Sin)erintendeut  of  Schools,  duties  of 61,  174 

appeal  from  decision  of 27 

salary  of 4i 

clerk  of  an<l  salary 61 

ex-officio  member  of  Board  of  Education  61 

election  of  and  term 426 

vacancy,  how  filled 62 

.Superintendent  of  Streets,  duties  of,  etc 

6,  18,  20,  149,  203,  214,  243,  268,  297,  317 

salary  of 48 

deputies 165 

SupervisorB  — 

Vacancy,  how  filled 8 

To  fill  vacancies  in  elective  ofticers 7 

No  power  to  contract  liability 8,  29 

Must  observe  conduct  of  |>ublic  otticers. .  H 
•        Jteiiort  at  regular  sessions  on  their  dis- 
tricts   14 

Uegular  meetings U 

tiuorum  of 14 

Judge  of  election  of  members 15 


327 


323 


330 
33« 


327 


337 


433 


47C 


THE  CONSOLIDATION  ACT. 


J'age 

Supervisors  - 

Votes  by  yeas  ami  nays 15 

f)n  Ooiumissioners  of  Fire  Department.. 248 

Administer  oaths 15,  25 

Contracts  for  building  and  printing 16 

May  hear  appeals IG 

Levy  of  taxes 17,  406 

Constitute  Board  of  Equalization 18 

Provide  for  security,  custody  and  admin- 
istration of  i)roperty 19 

(•liening,  altering,  extending  and  repair- 
ing, etc.,  of  streets 19,  57 

Lighting  streets 19 

Kegiilate  market  houses  and  places 19 

Prohibit  erection  of  wooden  buildings, 

etc 20 

Determine  fines  and  forfeitures 20 

Regulate  emplojTiuent    of   prisoners    on 

public  works 20 

I^icense  hackney  coaches,  etc 20 

Fix  fees  of  Surveyor,  etc 21 

Appointment  of  Finance  Committee 36 

Industrial  School,  power  to  manage 37 

Pound  for  estrays,  to  establish 42 

Common  seal,  to  procure 42 

Appoint    Prosecuting   Attorney    Police 

Courts 42,  290 

Regulate  omnibus  lines 42 

Improvement  of  streets  on  water  front. . .  43 
Improvements  fronting  on  city  property .  43 

Burial  of  indigent  dead 43 

Mayor's  contingent  expenses 43 

Regulate  burning  of  bricks 44 

Publishing  laws  and  ordinances 45 

Payments  for  special  counsel 45 

Salaries  for  special  deputies 48 

Prescribe  duties  for  City  and  County  At- 
torney    51 

Exclude  prostitutes  from  certain  limits..  52 
Order  paid    deficiency    in    Street  Light 

Fund 52 

?<ational  independence 53 

Smallpox  Hospital 53 

Clerks  of  District  Attorney  and  Treas- 
urer    55 

Regulate  police  force. .  55 

Direct  summary  abatement  of  nuisances.  55 

Prevent  dogs  running  at  large 55 

License  and  regulate  hackney  coaches. . .  55 

Provide  and  establish  licenses 56,  430 

Provide  for  removal  of  vehicles! 5C 

Require    contractors    to   protect   public 

from  accident 56 

Designate  Mayor  pro  tern 56 

Provide  for  keeping  and   disposition  of      . 

lost  and  stolen  property 5C 

Widen  and  improve  streets 57 

Grant  gas  franchises 65 

Appoint  weigher  of  coal 67 


I'aje 
Supervisors- 
Print  harbor  regulations 72 

Pay  deficiency  in  Poundkeepers  salary. . .  74 

Appoint  additional  ))orter 75 

Superintendent  Fire  Alarm  Telegraph  75,  245 

To  fill  vacancy  in  Police  Judge 76 

Deputy  to  Clerk  of  Supervisors 80 

Appointment  of  repairers,  F.  A.  &  P.  T. .  80 

Payments  out  of  Ceiieral  Fund 81 

To  establish  and  maintain  an  Almshouse 

and  Hoiiiiital 82 

Mayor  to  sell  old  buildings  when  author- 
ized   83 

To  provide  Justices  with  courtrooms 85 

To  establish  additional  Justices' CouVt..  8? 
Authorized,  to  [appoint  three    operators 

and  one  repairer  F.  A.  and  P.  T 96 

must  be  resident  and  ijualified  elector  of 

his  ward 9$ 

Restriction  on  street  railroad  conipanies.  97 

Sheriff's  official  printing 98 

Providing  funds  for  building  a  hospital.  .lf>f 
Modifying  and  changing  gi-ade  of  streets.  107 
Pay  for  improvement  in  front  of  school 

property 11* 

Not  to  sell  real  estate  except  certain 110 

Seven  votes  necessary  to  pass  ordinance 

or  resolution 112 

Nine  votes  necessary  to  override  veto 112 

Allowed  -SlOO  monthly  as  salary 112 

To  provide  prison  van,  etc 113 

Allow  Sheriff  §50  monthly  for  two  horses.llt 

Appointment  of  gardeners 114 

Tax  levy  for  Park  bonds 125 

Provide  books  for  City  and  County  Attor- 
ney   13? 

Provide    jury    room    for    Coroner    and 

Morgue 13?- 

Confirming  order  to  prevent  drifting  of 

sand 141 

Industrial  School  transferred 143 

For  improving  City  Cemetery 144 

Extending  F.  A.  &  P.  Telegraph 144 

Appoint  Sergeant-at-Arms 144 

Pay  for  fuel  in  i)ublic  buildings 144 

Pay  rent  for  Harbor  Police 144 

Appointment  of  gardener  for  .lefferson 

Square 144 

Extra  assistance  for  Tax  Collector 144 

Appoint  night  watchman 144 

To  appropriate  Hospital  grounds  for  Cor- 
poration Yaril 144 

Extra  assistance.  Assessor,  Tax  Collec- 
tor and  Auditor 144 

On  street  work,  see  Streets. 

Levy  tax  for  school  bonds 178 

Order  bonds  for  House  of  Correction 17* 

Select  site  for  House  of  Correction 17? 

Improve  and  repair  county  roads .ISO 


INDEX. 


177 


Page 
Supcrvisors- 

I.ovy  tax  for  bonds  6f  House  of  Collec- 
tion   180 

I/tjvy  spociul  tax  for  Park  bonds 185 

Determine  size  of  water  pipes  and  niains.191 

Prevent  waste  of  water 192 

Hxpend  .'JIO.OOO  for  sewerage  plans 193 

R'!gulate  limits  for  manufacture  of  acids 

and  explosives 195 

To  take  charge  of  New  City  Hall 201 

rtilize  prison  labor 205 

Appoint  Superintendent  of  House  of  Cor- 
rection   i05 

Fix  salaries  for  House  of  Correction 207 

Street  sweeping  and  sewer  cleaning 208 

Proviso  as  to  contiacts 209 

Improvement  of  parks  and  squares 210 

Contirm  api)ointment  of  License  Collec- 
tor  212 

Levy  tax  for  Colden  ( Jate  Park 213,  433 

L«;vy  tax  for  school  purposes 214 

Police  t.V)ntingent  Fund 219 

<  »ne  Twelfth  Act 219 

Regulate  power  and  price  of  gas 221 

Regulate  letting  of  contracts 224 

Seventh  street  and  Seventh  street  bridge.225 
-Maintenance  of  training  ship 227 

<  >peuing  of  Army  street 231 

Allowance  for  Hospital  and  Almshouse.  .233 
Levy  tax  for  Free  Public  Library . . .  .233,  283 
Allow    expenditures     in     extraordinary 

emergencies 236 

Salaries   of   Collector  of   Licenses   and 

•  'lerk   to  Supervisors 244 

Appropriation  for  Fire  Department 244 

Steam  cars  may  be  used  in  the  suburbs.  .245 
Fix  salary  of  Superintendent  F.  A.  &  P.T.245 

City  Dispensary 245 

Salaries  paid  from  Special  Fee  Fund 247 

Appoint  Fire  Comnii.ssioners 248 

Pay  salaries  Fire  Department 2.52 

Maintain  Corporation  Yard 252 

Urgent  Necessity  payments 254 

Repairs  for  public  buildings 254 

Advertising  expenditures 254 

Van  Ness  avenue  improvement 254 

Tyler  street  improvement  (Golden  Gate 

avenue) 256 

Increase  of  Police  Force 258 

(irading  of  Bay  street 262 

.Make  rules  for  House  of  Correction 264 

Le^y  special  tax  for  deficiency  m  school 

bonds 268 

Authorized  to  suspend  benefits  of  accept- 
ance of  streets  for  non-payment  of  as- 
sessments  263 

Establish  grades  of  certain  streets 272 

Remove  Chinese  outside  city  limits 279 

Complete  main  intercepting'sewers 281 


,.  Pa2.; 

Supervisors 

Con.struct  additional  cells  in  prisons  and 

County  ,Jail 'JSl' 

Pay  rent  for  court-rooms  and  cliamlit-is, 
rents  for  police  statipns  and  salaries  of 

porters  an<l  janitors  of  same 283 

Receive  be(ine8ts,  etc 286 

Obtain  data  relative  to  water  supply 287 

Fix  water  rates 283 

ICrect  and  maintain  drawbridges  across 

navigable  streams 307 

Krecting  a  Pulilic  Morgue 310 

-Meet  as  County  Board  of  Equalization.. 406 

Fix  tax  levy 40ti 

May  levy  tax  of  three  cents  for  Park  pur- 
poses  433 

May  levy  tax  for  unfinished  public  build- 
ings not  exceeding  ten  cents 43."i 

May  submit  proposition  on  incmriiig  in- 
debtedness  43ij 

Supervisors,  Clerk.     See  Clerk  Board  of  Su- 
pervisors. 
Supervisors,  President  of.    See  Mayor. 
Surveyor,  County,  fees  to  be  fixed  by  Super- 
visors   21 

.salary  of 4tj 

engineer  of  Golden  Gate  Park 213 

Surveyor,  office  hours 15 

Supervisors  to  fix  fees 20 

Salary  of 47 

Election  of 426 

Member  of  Board  of  Election  Commis- 
sioners   332 

To  act  as  City  Engineer 330 


1^ 


Ta.xation.     (See  Revenue  and  Taxation.) 

Tax  Collector 22 

clerks  of 99,  144 

election  of 426 

member  of  Election  Commissioners 332 

(See  also  Revenue  and  Taxation.) 

Tax  deeds ." 392 

Taxes,  when  to  be  levied 383,  40i) 

limit  of 17 

for  school  purposes 214 

Tax  list,  publication  of 388 

Taxpayers  to  make  a  statement  of  their  prop- 
erty   362 

Tax  sale,  certificates  of 392 

Teachers'  salaries  payable  monthly 64 

certificates  continued  in  force 276 

Telegraph  lines,  how  assessed 373 

Training  ship,  providing  for 189 

regulations  for 223 

Treasurer,  duties  of 22,  23,  26,  387.  398 

salary  of 4-3 

deputies  of,  salaries 43 


478 


THE  CONSOLIDATION  ACT. 


Page 
'J'reasurer— 

clerk  of,  salary 5^ 

exaiiiiiiatioii  of  books  of  and  moneys 27 

Treasury,  payments  from  must  )je  authorized  tiJ 
Trustees  of  Free  Public  Library,  powers  and 

duties  of 233,  283 

Tyler  street,  improvement  of 250 

u 

Unauthorized  expenditures  never  to  be  paid.  30 

Union  Square,  gardener  for IH 

United  States,  payment  for  street  work  abut- 
ting on  property  of 92 

Urgent  Necessity,  appropriation  for 254 

work  on  accepted  streets 215 

l)ublic  streets,  sewers  and  crossings 243 

V 

Vacancies  in  elective  office,  how  filleil 7 

Vacancy  in  School  Board,  how  filled 62 

County  Superintendent  62 

Supervisors 6 

office 7 

Vaccination,  compulsory,   may  be  enforced 
on  passengers  from  infected  ports 357 


Page 

Vallejo  street,  grade  of,  between  Taylor  and 

Jones 26» 

Van  Ness  avenue,  improvement  of .-.  .254 

Van  Ness  Ordinance 411 

Vehicles  left  on  streets  and  highways,  dispo- 
sition of 56 

Vrooman  Act  of  1883 292 

of  1885 3ie 

w 

Wagon  for  prisonei-s 113 

Wards,  boundaries  of Si* 

Washington  Square,  gardener  for  114 

Water  companies  to  supply  information  and 

data  to  Supervisors 287 

Water  pipes  and  mains  may  be  regulated  by 

the  Supervisors 191 

AV'ater  rates—  Supervisors  to  obtain  data  and 

informition 287 

Water  rates,  fixing  of 2?S 

Water,  waste  of,  may  he  regulated  by  Super- 
visors   192 

Water  Works  Act,  repeal  of 274 

Weigher  of  coal 44 

Work  on  accepted  streets 164 

AVorkshop  to  be  established  by  Fire   Dejjart- 
ment 144 


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